87-892 WHITE - CI7V CLERK
PINK - FINANCE COUACII
CANARV - OEPARTMENT GiTY' OF SAINT PALTL File NO• � ���
BLUE - MAVOR
_ Cou 'l Resolution
�
Presented By
Referred To Committee: Date
Out of Committee By Date
RESOLVED, that the proper City officials are hereby authorized
and directed to execute an Agreement with the Lexington-Hamline
Community Council concerning the management and control of Dunning
Park and the Council of the City of Saint Paul does hereby approve
the terms and conditions of said Agreement , including the indemni-
fication by the City of the management activities of the Lexington-
Hamline Community Council exercised at Dunning Park, a copy of
said Agreement to be kept on file and of record in the Department
of Finance and Management Services .
COUNCILMEN Requested by Department oE:
Yeas �� Nays �
Nicosia � CQIM]11111t �21"VlCP.S
Rettman IQ FevO[
Scheibel � �
Sonnen __ Agei[lSt
�a
Wilson
JUN � 8 ��7 Form ed by ity tto
Adopted by Council: Date c
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Certified Va s d y ncil S ret BY ,
B}�
Appr by :Navor:
_��UN 2 � I�7 Approve Mayor for Sub i sio t Council
Pl�E.6�� _ .,.� � � 1���
Communi ty Services DEPARTMENT ��7��� �T° _09293
Jerry� Pri 11 � COPITACT
7408 , PHOM� -
6/2/87 DATf . �„i�� . e�
�
I�SSIGN NUMBER FOR ROUTING ORDER (Clip A11. Locations for Signature}: -
1 Department Director Director of Management�Nlayor �
Finance and Management Services Director - � City Cler�C
Budget Director —2" Counci member Wilson
City Attorney
y1HAT WI�L BE ACHIEVED BY' TAK�NG ACTION ON TME ATTACHED MATERIALS? (Purpose/
Rationale) :
Autf�orize a demonstration �ro.iect betw�en the City of ,Saint Paul and the Lex.a.ngton-.
Hamline Cor�nunity Gouncil to operate Dunnin� Recreaton Center. .
City indemnifies Council from liability arising out of management activities at
Dunning Recreation Center. �
COST/BENEFIT, BUDGETARY AND PERSOKNEL IMPACTS ANTICIPATED:
N/A .
FINANCING SOURCE AND BUDGET ACTIVITY NUNBER CHARGED OR CREDITED: (Mayor's signa- •
� ture not re- �
Total Mwurtt of "Transaction: quired ifi under
� $10,000) .
Funding Source:
Activity Number: �RECEIVED
ATTACHMENTS (List and Number Al l Attactunents) : ��N 5 '��$7 , . .
�oun�>> REso�.ution CITY A�'T4RNEY
Agreement - _
DE�ARTMENT REVIEW CITY� ATTORNEY RfVIEW
Yes No Council Resolution Required? ' Resolution Required7 Yes No
Yes x No Insurance Required? Insurance Sufficient?` Yes No
Yes X No Insurance A�tached:
(SEE �REVERSE SIDE FOR INSTRUCTIONS)
Revised 12/84
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AGREEMENT
THIS AGREEMENT made and effective this day of by
and between the City of Saint Paul , Minnesota, a municipal corporation
organized and existing under the laws of the State of Minnesota,
hereinafter referred to as "CITY," and Dunning Park Management and
Coordination Project under the auspices of the Lexington-Hamline
Community Council , 1385 Selby Avenue, St. Paul , MN. 55104; hereinafter
referred to as "COUNCIL."
WITNESSETH:
WHEREAS, CITY is the owner of certain property known as the Dunning
Recreation Site which is .located within the corporate limits of the City
of Saint Paul , and said property is legally described in Exhibit A
attached, hereinafter referred to as "CENTER;"
WHEREAS, CITY desires to provide from and through the CENTER a
comprehensive program of recreation, service, and opportunities for all
segments of the Lexington-Hamline Neighborhood;
WHEREAS, CITY has historically sponsored and promoted human services
activities of the sort and nature which have helped and benefited the
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social , recreational , health, educational , and the general well-being of
the residents of the Lexington-Hamline Neighborhood; and
WHEREAS, CITY and COUNCIL have determined that the residents of the
Lexington-Hamline Neighborhood would experience an effective delivery of
human services if COUNCIL leased and managed the CENTER, under a
demonstration project.
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NOW, THEREFORE, in consideration of the mutual and reciprocal
agreements and promises hereinafter set forth and for other good and
valuable consideration, the parties hereto agree and have agreed as
follows:
1. Leased Premises. CITY_agrees to lease and COUNCIL does hereby
lease the CENTER, CENTER being more particularly described in Exhibit A
appended hereto and made a part of this Agreement. CITY agrees to permit
and hereby authorizes COUNCIL to provide human services programs and
activities therein, subject to the restriction stated herein.
2. Term of Lease. The term of this agreement shall be one year
and commence on the date first written above. The COUNCIL has the option
to renew this lease for a second year by giving written notice to the
CITY 45 days prior to the expiration of the initial term.
3. Use of Premises. The premises shall be used and occupied by
the COUNCIL for the following purpose and for no other purpose without
the prior written consent of CITY: To offer general recreation
activities to meet the needs of the community served by Dunning Park.
COUNCIL will submit a programming plan, to the CITY, within 60 days of
the•execution of this contract. Changes in the plan will be communicated
to the CITY. The parties acknowledge that third parties including
Central High School and Concordia College may from time to time use the
CENTER and such use may not be in connection with a COUNCIL sponsared
activity. The CITY agrees that the COUNCIL shall have no liability with
respect to such use at the CENTER by third parties.
4. Basic Rent. The yearly rental rate shall be one dollar (�1.00} :
payable on or before April 1 of each year that this Agreement is in
effect.
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5. Personnel . COIJNCIL shall bear all costs and responsibility for
operation of its programs and personnel admin�istering its programs. The
COUNCIL shall notify CITY in writing of all personnel who will be
stationed at the CENTER.
6• The Manaaement Committe,e. The CITY will appoint and the COUNCIL
will confirm a voting representative, to serve on the Dunning Park �
Management Committee. The CITY will submit the name of its appointee to
the COUNCIL.
7. Management and Technical Assistance. At all times during the
term of this lease, the CITY shall have the right, by itself, its agents
and employees to enter into and upon the leased premises during
reasonable business hours for the purpose of examining and inspecting
facility and program activities. During these visits, oral
recommendations may be given to leader in charge. These recommendations
will be followed by a written report, within 48 hours, to the Gontract
Administrator.
8. Indemnification. The CITY acknowledges that under this Agreement
the COUNCIL will be providing services to the community which might
otherwise be provided by the CITY. Accordingly, the CITY agrees to
indemnify and defend and hold harmless the COUNCIL, its directors,
officers, agents and employees, from any and all iiabilities, claims,
actions and judgements arising out of or in connection with the COUNCIL'S
use of the CENTER during the term of this Agreement, including the
recreational activities offered by the COUNCIL, and in connection with
claims against the COUNCIL, its directors, officers, agents, and
employees, relating to use of the CENTER by third parties. The COUNCIL
agrees to give the CITY prompt notice of any claim and to cooperate with
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the CITY in the investigation and defense of such claim. Nothing in this
Agreement shall require the CITY to indemnify any person for his, her or
its willful misconduct, nor shall anything in this Agreement require the
CITY to indemnify any person other than the COUNCIL, its directors,
officers, agents and employees. ,.The obligations of the CITY under this
paragraph shall survive the termination of this Agreement, but only with
respect to claims, liabilities, actions and judgements relating to
actions or omissions of the COUNCIL, its directors, officers, agents and
employees during the term of this Agreement.
9. Cancellation or Termination. This lease shall be subject to
cancellation and termination by either party at any time during the term
hereof by giving the other party notice in writing at least ninety (90)
days in advance of the date when such termination shall become effective.
10. Notice. All notices herein provided to be given, or which may be
given by either party to the other, shall be deemed to have been fully
given when served personally on CITY or COUNCIL, or when made in writing
and deposited in the United States Mail , certified and postage prepaid,
and addressed to the COUNCIL at the address stated on Page 1 and to the
CITY, at the Division of Parks and Recreation, 300 City Hall Annex, Saint
Paul , Minnesota 55102. The address to which the notice shall be mailed
may be changed by written notice given by either party to the other.
Nothing herein shall preclude the giving of such address change notice by
personal service.
11. Assignment and Sublettina. COUNCIL shall not assign or sublet
CENTER without the written consent of the CITY, which must be obtained
prior to the execution of any agreement to sublease CENTER. COUNCIL may
charge a reasonable fee, not to exceed cost to others.
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12. Maintenance and Repairs.
a. General Maintenance. CITY shall , at its own cost and
expense, be responsible for all repairs, maintenance and
upkeep of CENTER including but not limited to emergency
repairs of any kin,d; routine maintenance and repair to keep
CENTER in gaod repair, safe and in compliance with
applicable fire, health, building and other life safety
codes; and all repairs and maintenance needed to keep the
buildings or structures at CENTER in good condition,
including the exterior and interior of the building or
structures; the roof or roofs; the heating and ventilating
systems therein; and all electrical , plumbing, lighting,
and mechanical systems including windows.
COUNCIL shall be responsible, at its own cost and
� expense, for such repairs and maintenance if the cause of
the damage or condition necessitating the repair or
maintenance is due solely to the negligent failure of
COUNCIL to supervise participants in the COUNCIL-sponsared
" activities during such activities. The aforementioned
maintenance will be provided at the same level as provided
at part-time centers with wear and tear excepted. See
Exhibit B for additional information on maintenance
service.
b. Housekeeping. COUNCIL shall be responsible for all
housekeeping for the interior of the CENTER and will keep
the premises in a neat, clean and repairable condition.
CITY will provide COUNCIL with"`all the necessary
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maintenance supplies and equipment to carry out the
interior housekeeping and exterior maintenance required by
this agreement, at the same level as part-time centers.
See Exhibit B for additional information on custodial
supplies. „
c. Waste Removal . The CITY shall place equipment for and
provide for the scheduled removal of all solid waste
generated by the COUNCIL'S use of said sites and
facilities, on the same basis as part-time centers.
d. Grass Cutting and Snow Removal . The CITY shall be
responsible for all grass cutting on the CENTER site.
This shall not include weed control nor fertilization.
This will be done on a scheduled basis as provided to
part-time centers. CITY shall also be responsible for all
perimeter snow and ice removal or sanding including the
parking lot and driveways. COUNCIL shall be responsible
for snow removal on steps and walkways leading to the
public sidewalk. CITY shall be responsible for snow
* removal from any hockey rink or general skating rink as
provided to part-time centers. Snow removal shall take �
place after each accumulation of more than two (2) inches
of snow.
e. Utilities. The CITY agrees to furnish meters for all
utilities including, but not limited to water, gas,
electricity, and sewer. CITY shall pay all utility bills
incurred at CENTER based upon normal usage. Normal useage
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is considered to be a comparison with past useage at
the CENTER and at part-time centers. One phone instrument
and local phone service, except long distance and toll
calls, will be provided by the CITY.
f. Alterations. COUNCIL shall have the right to make such
interior and exterior changes, additions or alterations
that COUNCIL may from time to time desire to make,
provided that prior written approval of the Superintendent
of the Division of Parks and Recreation for CITY is
obtained.
13. Kevs• CITY shall re-core locks and issue ten (10) keys to CENTER
to COUNCIL for their d�istribution to COUNCIL representatives. COUNCIL
will inform CFTY of persons who receive keys. CITY personnel as
necessary shall also be issued keys to CENTER. CITY will inform COUNCIL
of persons who receive keys.
14. Supplies, EQUipment,, and Citvwide Programs. CITY will provide
COUNCIL those recreational supplies, equipment and opportunities for
participation in citywide programs (See Attachment B-2) as prorated ta
part-time recreation centers. The CITY will provide, if requested by the
COUNCIL, materials for a hockey rink and a general skating rink, as well
as preparation of the land, set up and take down of the rinks.
15. Trainina. All COUNCIL staff inembers and all volunteers who will
be involved in the operations at Dunning shall go through initial
training sessions, including any safety training programs, which are
provided by Community Services, Parks and Recreation, for volunteers and
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staff. COUNCIL will be notified at least thirty (30) days in advance of
training sessions. See Exhibit B for a list of training courses
presented by the CITY.
COUNCIL must meet all current Parks and Recreation requirements
regarding the use of certain equipment for sponsored events or
activities.
16. Re�orts. COUNCIL will be expected to use the following CITY
forms and reports, and submit them to the Recreation Office according to
the same schedule as other centers: Attendance, Financial , Accident,
Incident, Vandalism, Volunteer, School Use of Recreation Facilities, and
Field Use Permit. See Exhibit C for form copies.
17. Participant Waivers. CITY will require COUNCIL to receive from
each participant in their structured events a form signed by the
participant or the participant's guardian that holds harmless the COUNCIL
and the CITY from all claims resulting from accidents. See Exhibit C for
form copies. �
18. Publicitv. COUNCIL will provide to CITY copies of all flyers and
programs sent to the community at time of distribution, .
19. Surrender of Premises. The COUNCIL, at the expiration of said
term, or any sooner termination of this lease, shall quit peacefully and
surrender possession of said property and its appurtenances to CITY in as
good order and condition as the property was delivered to tfie COUNCIL,
normal wear and tear excepted.
20. Compliance with Laws. The property described herein may be used
for only the purpose stated herein. It is the sole and exclusive
responsibility of the COUNCIL in the use of the property to comply with
any and all laws, rules, regulations or ordinances imposed by any
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jurisdiction affecting tf�e use to which the property is proposed to be
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Al1 parties shall abide by all such rules and regulations mutually
agreed upon and established by either party or by governmental
regulations current and future t,o insure safe, sanitary, fire and health
protection to all persons.
The CITY shall , at its expense, make any changes to the CENTER
necessary to cause the CENTER to be in compliance with such laws, rules,
regulations and ordinances.
21 . Nondiscrimination. The COUNCIL, its personal representatives,
successors in interest, and assigns, as a part of the consideration
hereof, does hereby covenant and agree, as a covenant running with the
land, that:
a. no person, on the ground of race, sex, color, creed,
religion, age, disability, marital status, status with respect to public
assistance, or national origin or ancestry shall unlawfully be excluded
from participation in, be denied the benefits of, or be otherwise
subjected to discrimination in the use of said facilities,
• b. in connection with the construction of any improvements on
said lands and the furnishing of services thereon, no discrimination
shall be practiced in the selection of employees and contractors, by
contractors in the selection of employees and contractors, by contractors
in the selection and retention of first-tier sub-contractors, and by
first-tier subcontractors in the selection and retention of second-tier
subcontractors.
c. such discrimination shall not be practiced against the
public in their access in and use of the facilities and services provided
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for as public accommodations (such as eating, sleeping, rest, and
recreation) constructed or operated on the Leased Premises.
d, the COUNCIL shall use the premises in compliance with all
other requirements imposed pursuant to the Saint Paul Legislative Code
Chapter 183. (See Exhibit D) .
22. Evaluation. The CITY and COUNCIL will jointly choose an
outside, independent evaluator to perform an ongoing, formative
evaluation of this project. CITY and COUNCIL will work with the
evaluator to develop the design of this evaluation. Both parties reserve
the right to comment on the evaluation. COUNCIL and CITY will promptly
provide any information necessary to assist in evaluation of the project
when requested by the evaluator. This necessary information will be
based upon the design of the evaluation.
23. Workers' Com ensation. For all purposes of this Agreement the
COUNCIL shall be deemed to be an independent contractor, and not an
employee of the CITY. Any and all claims that may arise under the
Workers' Compensation Act of Minnesota shall in no way be the obligation
or responsibility of the CITY.
�,4. Fundina. The CITY and COUNCIL will use its resources and best
efforts to seek funding far this project.
25• Contract Administrators. The Contract Administrator for the CITY
is Gerald W. Prill or such other person designated in writing by the
CITY. The Contract Administrator far the COUNCIL is Ronald J. Hick or
such other person designated in writing by the COUNCIL.
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26. Operations. The CITY will provide COUNCIL with a copy of the
Parks and Recreation Division Operating Procedures Manual and explain and
train employees of COUNCIL on use of forms and procedures to successfully
operate CENTER.
IN WITNESS WHEREOF, the parties have set their hands the date first
above written.
APPROVED AS TO FORM: CITY OF SAINT PAUL
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Assistant City Attorney; / Mayor
✓
LEXINGTON-HAMLINE COMMUNITY
COUNCIL Director, Department of Finance and
Management Services
by , ✓
Direct r, Department o Community
its Services �
bY Contract Administrator
its Contract Administrator
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EXHIBIT B
B. 1
OPERATION INFORMATION
1 . Work Orders for repairs/maintenance should be placed with the Como
Office at 488-7291 .
2. Emergencv Wor Orders. In case of after hours building emergency,
the following should be called:
Supervisor: John Johnson 776-7881
Plumbers: James Unger 645-7052
Thomas Miller 739-4578
Electricians: Daniel Slater 771-7034
Thomas Tschida 222-2904
Carpenters: Fred Washenberger 488-3330
Joseph Buzicky 222-0368
Rec. Supervisor: Thomas Knutson 771-8266
Police: Emergency 9I1
Non Emergency 291-1111
Paramedics: � Emergency 9}1
3. Custodial supplies may be ordered by calling the Como Office at
.
488-7291.
4. Trainina courses provided by CITY:
Snowblower operation
Flooding of skating rinks
' Field layout
Custodial maintenance
Coaches clinic prior to each sport
Referee clinic prior to each sport
Leaders workshop
New leader orientation
First Aid/CPR -
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B.2
5. Service Levels
a Local Programs �
) - Programs will be developed on a quarterly basis-
-winter, spring, summer, and fall . Program development is the
responsibility of the Recreation Center Director with input from
support groups/community members and final approval by the
District Supervisor. Programs should be reflective of community
needs and resources available.
Minimum program criteria have been developed for each of the three
types of centers, outlining minimum standards. Their purpose is
to assist the Director in planning and meeting the minimum
standards of programming. It is expected that Directors will
examine each area of recreational activity in developing the
program for the Center. Once minimum criteria are met, staff must
look further to the unique needs of individual communities and
program additional activities/events to meet those needs. This
will enable staff to use available resources/facilities to target
activities for specific populations.
a� Citvwide Programs _ The service levels of programs are
complimented by Citywide programs. These are in the form of
Special Events and Tournaments. They include the following:
EVENT SEASON
Junior Royalty Coronation Winter
Speedskating Winter
Wrestling Tournament Spring
Co-Rec Volleyball .Tournament Spring
� (12th grade and under)
Track and Field Summer
Tennis Tournament (Adult) Summer
Co-Rec Softball Tournament Summer
(12th grade and under)
3rd of July Fireworks Summer
4th of July celebrations Summer
Cherokee
Highland
Langford
Marydale
Mounds
Big Wheel Contest Summer
Day Camp Summer
Valley Fair Trip Summer
Twin City Marathon Fall
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B.3
6. Hours
Programming hours vary depending upon a recreation center's
designation as Community, Neighborhood or Part-time.
It is recommended that, except on special occasions, all children in
the 6th grade and under leave thE center and grounds not later than 8:30
p.m. during the school year.
Special events may run later in the evening. Any event going
beyond 11 p.m. must be approved in writing by the Superintendent of
Recreation Programming ten days prior to the event.
7. Part-Time Recreation Center Detail
a) Scope: Immediate Neighborhood
Major Focus: Preschool - Grade 6
b) Center hours/Staff hours: Centers/staff will receive an annuaT
allocation of hours. Staff will meet with Booster
Clubs/community representatives to plan the use of hours each
year.
c) Leader responsibilities:
.To carry out minimum program criteria.
.Coordinate and make referrals to Neighborhood Recreation
Centers, Community Recreation Centers and Community Education
.Coordinate with other sections of Div.ision of Parks and
Recreation (Municipal Athletics, Special Programs, Special
.
Services)
.Rentals
.Compile reports (financial , attendance, accident, time
sheets, etc.)
.Fundraising - as needed; Suggestions: Fall-Turkey Raffle,
Rummage Sale, Softball League; Spring-Candy or Novelty Item �
Sale; Summer-Ice Cream Social ; Ongoing or Year round-Vending
Machines
d) Support Groups:
.Individual Volunteers
.Small Booster Clubs
.Seasonal Planning Meetings
.Representative to Area Advisory Committee
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8. Minimum Program Criteria for Part=Time Centers
FALL WINTER SPRING SUMMER
ATHLETICS, pickup games/ Pickup games/ Pickup games/ Pickup games
Intramurals Intramurals Intramurals Intramurals
(if sufficient (if sufficient (if sufficient (if suff.
participants) participants) participants) participants
Soccer Ho�key Floor Nockey Newcomb/TBall
Basketball Volleyball Baseball
Softball
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CRAFTS For 6th grade and under, simple paper crafts �
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SPECIAL EVENTS Halloween Holiday Party Easter Egg Hunt Weekly
Junior Royalty* Specials
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ACTIVITIES Table Games Table Games Table Games Small
Contests Contests Contests Fry
Drop In Drop In Drop In
Classes
Drop In
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FIELD TRIPS
Valley
Fair
Pickup
� Site
for
Area
Specials
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*Recommended: Jr. Royalty Party/Coronation or refer to nearby center
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B.5
9. Holidavs
All centers are closed for the following national holidays:
New Year's Day January 1
Memorial Day _ 3rd Monday in May
Independence Day July 4
Labor Day lst Monday in September
Thanksgiving Day 3rd Thursday in November
Christmas Day December 25
Centers are open on a reduced schedule for the following holidays:
Martin Luther King Day 3rd Monday in January
President's Day 3rd Monday in February
Columbus Day 2nd Monday in October
Veteran's Day November 11
10. District Programs
Beyond local programs, some programs are also o�fered on the
District level- North, South, East, and West. The primary District
programs are Junior Royalty, Wind Coronations (one per District) .
Districts may also offer other special events.
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'lst _ ~/r���� • l `5 Znd � ��-�-�'7 �
3rd f-�,�.� -,�7 Adopted �� 7-t�7
Yeas Nays
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NICOSIA
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. SCHEIBEL ,
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SONNEN
WILSON
MR. PRESIDENT TEDESCO .
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