Resolution 398-1991
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RESOLUTION NO. 398 - 1991
F:LEO r: rJP Rf:"Ci
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COMMISSIONERS AUTHORIZING THE SUBMISSION
OF A SUBGRANT APPLICATION TO THE FLORIDA
DEPARTMENT OF TRANSPORTATION STATE SAFETY
CU\ '"~.
OFFICE FOR HIGHWAY SAFETY FUNDS TO PROVIDE MONROF ('OUNT\\
FOR TRAFFIC STUDY EQUIPMENT AND DIRECTING Jl I.
THE EXECUTION OF SAME BY THE PROPER AUTHORITIES.
'91
NOV -7 Pl
D J) N ~'I
'J. ~ A
WHEREAS, the Florida Department of Transportation,
State Safety Office, has funds available under a Subgrant
Application for Highway Safety Funds; and
WHEREAS, Monroe County would be eligible for
funds up to $22,700.00 for the purchase of traffic
equipment to monitor activity at intersections and
corridors relative to the Growth Management Ordinance and
level of service requirements, and
WHEREAS, there is no matching fund requirement, and
WHEREAS, the Monroe County Engineering Department has
documented the need for the regular collection of this data, now
therefore,
support
studies
along
minimum
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, THAT:
1. The County Administrator is hereby authorized to
submit an application for grant funds to the Department of
Transportation through Highway Safety Funds for the purchase of
traffic study equipment, and that
2. This resolution shall become effective immediately
upon adoption by the Commission and execution by the Presid!n~
Officer and Clerk.
PASSED AND ADOPTED by the Board of County Commissioners
of Monroe count~, Florida, at a regular meeting of said Board
held on the 30t day of Oct'ober , A.D. 1991.
Commissioner Cheal Yes
Commissioner Jones Yes
Commissioner London Yes
Commissioner Stormont Yes
Mayor Harvey Yes
BO~RD OF COUNTY COMMISSIONERS
OF MONROE COUNTY
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(Seal) L ~ 1-
Attest: '..__-- .IPIC
C rk
'safety
07-01.91
SUbgrantPeriod.: .
Application
for
Highway Safety Subgrant
'niB
Pro~ect Number:
DOT Document Number: .
FederalF\1nd.sAllocated:.. ..
Date Approved::. .
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State of Florida
Dep~entofTransporiation
State Safety Office
PART I: General Administrative Information
(See Instructions for Highway Safety Subgrant Applicatio1Ul, DOT.HS 500-065-02)
1. Project Title: MONROE COUNTY TRAFFIC STUDIES EOUI.PMENT
2. Type of Application:
3. Requested Subgrant Period:
4. Support
Sought: $ 2 2 , 7 0 0
( X) Initial
10-15-91
(
-
) Continuation
to
6-30-92
Matching
Share: $ 0
Total
Budget: $ 2 2 , 7 0 0
5. Applicant:
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
MAYOR WILHELMINA HARVEY
6. Implementing Agency:
DAVID S. KOPPEL, P.E.
ENGINEERING DEPARTMENT
MONROE COUNTY PUBLIC WORKS
5100 COLLEGE ROAD
STOCK ISLAND, FLORIDA 33040
Telephone: (305) 292-4426
8. State SAMAS Number:
T~lephone: (305) 292-3440
7. Federal ID Number:
59-6000749
9. Chief Financial Officer:
DANNY KOHLAGE
CLERK OF THE COURTS
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
10. Project Director:
DAVID S. KOPPEL, P.E.
DIRECTOR OF ENGINEERING
MONROE COUNTY PUBLIC WORKS
5100 COLLEGE ROAD
STOCK ISLAND, FLORIDA 33040
Telephone: (305) 292-3314
Telephone: (305) 292-4426
Cataloc of Federal Domestic Auiatance Number - 20.600
11. Project Summary: Briefly describe the problem and the proposed solution.
CONTINUOUS ANALYSIS OF THE TRAFFIC VOLUMES AT INTERSECTIONS AND
ALONG CORRIDORS IS ESSENTIAL TO A SAFE AND EFFICIENT MONROE COUNTY
ROAD NETWORK. REGULAR COLLECTION OF VOLUME DATA WILL PROVIDE THE
ABILITY TO MONITOR ACTIVITY IN RELATION TO THE COUNTY'S GROWTH
MANAGEMENT ORDINANCE AND MINUMUM LEVEL OF SERVICE REQUIREMENTS
THROUGHOUT THE NETWORK. THE PROJECT ACTIVITY WILL HELP TO PROVIDE
THIS CAPABILITY.
Part II: Project Plan and Supporting Data
State clearly and in detail the aims of the project, precisely what will be done, who will be involved,
and what is expected to result. Use the following major headings:
1. Statement of the Problem
2. Proposed Solution
3. Objectives
4. Evaluation
5. Milestones (form provided)
Start below and use continuation pages as necessary.
1. STATEMENT OF THE PROBLEM
Fluxuating seasonal demand accompanied by extensive growth have
generated strain on the County's road system. Safety and growth
related improvements shall be addressed through accurate monitoring
of traffic volumes and trends. Est?blishment of a monitoring
program to collect and analyze traffic data is.of the utmost
importance to the County's ability to plan and maintain a system
which is safe and compl~es with the Growth Management Ordinance and
minumum LOS requirements. '
2. PROPOSED SOLUTION:
Acquisition of the requested equipment will help to provide the
County engineering staff the capability to collect data and
monitor the traffic demand on the network, providing proper
analysis and counter measure development.
3. OBJECTIVE:
To provide Monroe County the capability of performing transpor-
tation engineering studies and analysis by April 15, 1992.
4. EVALUATION:
Evaluation shall be based upon the accomplishment of the stated
objective and the performance indicators listed on the quarterly
report forms.
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Part III: n-oject Detail Budget
Attach detailed narrative defining cost for each category. Refer to instructions.
NON-FEDERAL
BUDGET CATEGORY TOTAL FEDERAL STATE LOCAL
A. Salaries and Benefits
Sub-total
B. Other Personal Services
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Sub-total
C. Expenses
Sub-total
D'. Operating Capital Outlay
PERMANENT COUNT STATION $ 11,300.00
PORTABLE COUNTERS' $ 10,000.00
MANUAL & SUPPORT EQUIP. $ 1,400.00
Sub-total $ 22,700.00
E. Data Processing Services
Sub-total
F. Indirect Cost
Sub-total
Total Cost Project Total $ 22,700.0C $ 2 2", 7 0 0 . 0 0
Budget Narrative
The following is a narrative description of the project budget by line item by category, detailing the item
and anticipated cost. Each category must be sufficiently defined to show cost relationship to project
objectives. Attach additional sheets as needed.
The County proposes to purchase the following equipment as necessary
to collect and analyze traffic data:
(1) One permanent count station including installation $11,300.00.
-t--)L;(/,. :";:,,~(~."'l
(2) Portable counters including software, road tubes and chargers
$10,000.00.
(3) Manual Intersection Count boards $1,400.00.
The total estimated cost is $22,700.00
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Final Narrative Report
Project Title:
Project Number:
Subgrantee.
Project Director:
The following is a chronological narrative history of the above listed project in accordance with Part IV:
Acceptance and Agreement, Conditions of Agreement, 1. Reports. It is an accurate accounting of the
project performance and accomplishments. (Attach additional sheets as needed.)
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
STATE SAFETY OFFICE
Part IV: Acceptance and Agreement
Conditions of .Agreement. Upon approval of this subgrant, the approved application and the follow-
ing terms and conditions shall become binding. Noncompliance may result in loss of, or delays in cost
reimbursement.
1. Reports. The subgrantee shall submit Quarterly Progress Reports (See 11l8tructions for Quar-
terly Progress Reports, DOT-TS 500-065-(8) including Performance Indicators and a Narra-
tive Statement detailing project status, to the State Safety Office by January 31, April 30, July
31, and October 30 covering the subgrant activity for the previous quarter. The subgrantee shall
submit a Final Narrative Report, giving a full chronological history of the subgrant, problems en-
countered and major accomplishments in addition to specifically addressing the subgrant objec-
tives and performance indicators and the current and future planned activities of the program
within 30 days after the termination of the project as well as other reports in a form as may be
prescribed and may be reasonably required by the Department. A final financial request for
reimbursement must be submitted to the Department within 30 days of the subgrant termination
period. Such request must be distinctly identified as Final. Failure to comply will be grounds
for forfeiture of reimbursement.
2. Responsibility of Subgrantee. The subgrantee must establish fiscal control and fund account-
ing procedures which assure proper disbursement and accounting of subgrant funds and required
non-federal expenditures. All monies spent on this project will be disbursed in accordance with
provisions of the project budget as said budget was approved by the Department. All expendi-
tures and cost accounting offunds shall conform to 49 CFR 18, Uniform Administrative Require-
ments for Grants and Cooperative Agreements with State and Local Governments (Revised A-
102) and A-87, or OMB Circulars A-110 and A-21, in the entirety. All funds not spent in accor-
dance with this agreement will be subject to repayment by the subgrantee.
3. Compliance with Section 287.055, Florida Statutes. The subgrantee, when applicable, agrees
to satisfy all requirements provided in Se~on 287.055, Florida Statutes, known as the
Consultant's Competitive Negotiation Act.
4. Approval of Consultant Agreements. The Department of Transportation shall review and ap-
prove in writing all consultant agreements prior to the actual employment of the consulting firm.
Approval of the subgrant agreement does not constitute approval of a consultant
agreement.
5. Allowable Costs. The allowability of costs incurred under any subgrant shall be determined in
accordance with the general principles of allowability .and standards for selected cost items set
forth in National Highway Traffic Safety Administration Order 462-13A, Principles for Deter-
mining Costs Applicable to Grants and Contract. with State and Local Governmerits,
Office of Management and Budget Circular No. A-87, Cost Principles Applicable to Grants
and Contract. with State and Local Governments, Office of Management and Budget
Circular No. A-21, Cost Principles for Educational11l8tituti01l8 or OMB Circular A-122, Cost
Principles for Non-Profit Organization. All procedures employed in the use offederal funds
for the procurement of services, supplies or equipment, must be in accordance with Section 18.32
(Procurement) of 49 CFR 18 (Revised A-102), or Attachment 0 ofOMB Circular No. A-110 and
Florida law to be eligible for reimbursement.
6. Travel. All travel for out-of-state or out-of-grant-specified work area shall require
written approval of the Department prior to commencement of actual traveL Travel
costs for approved travel will be reimbursed in accordance with regulations applicable to the
subgrantee, but not in excess of provisions in Section 112.061, Florida Statutes.
7. Written Approval of Changes. Changes may be made only through a written modification to
the agreement signed by both parties thereto.
8. Reimbursement Obligation. The State of Florida's performance and obligation to reimburse
subgrantees will be subject to the availability of Federal Highway Safety funds.
9. Commencement of Projects. If a project has not commenced within 30 days after the accep-
tance of the subgrant award, subgrantees will report by letter the steps taken to initiate the
project, the reasons for delay, and the expected starting date. If, after 60 days from the accep-
tance of the award,project activity as described herein has not begun, a further statement of im-
plementation delay will be submitted by the subgrantee to the Department of Transportation.
Upon receipt of the 60-day letter, the Department may cancel the project and reobligate the funds
to other program areas.
10. Excusable Delays. Except with respect to defaults of consultants, the subgrantee shall not be in
default by reason of any failure in performance of this agreement in accordance with its terms if
such failure arises out of causes beyond the control and without the fault or negligence of the
subgrantee. Such causes may include,but are not restricted to, acts of God or of the public
enemy, acts of the Government in either its soy ereign or contractual capacity,fires, floods, epi-
demics, quarantine restrictions, strikes,freight embargoes, and unusuall' severe weather, but in
every case the failure to perform must be beyond the control and without the fault or negligence of
the subgrantee. If the failure to perform is caused by the failure of a consultant to perform or
make progress, and if such failure arises out of causes beyond the control of the subgrantee and
consultant, and without the fault or negligence of either of them, the subgrantee shall not be
deemed to be in default, unless(a)the supplies or services to be furnished by the consultant were
obtainable from other sources, (b)the State Safety Office shall have ordered the subgrantee in
writing to procure such supplies or services from other sources, and(c) the subgrantee shall have
failed to comply reasonably with such or_ler. Upon request of the subgrantee, the State Safety
• Office, shall ascertain the facts and extent of such failure and, if it shall be determined that any
failure to perform was occasioned by any one or more of the said causes, the delivery schedule
shall be revised accordingly.
11. Obligation of Subgrant Funds. Subgrant funds may not under any circumstances be obligated
prior to the effective date or subsequent to the termination date of the subgrant period. Only
project costs incurred on or after the effective date and on or prior to the termination date of the
subgrant application are eligible for reimbursement. A cost is incurred when the subgrantee's
employee or consultant performs the service required, or when goods are received by the subgran-
tee, not-withstanding the date of order.
12. Performance. In the event of default, noncompliance or violation of any provision of this agree-
ment by the subgrantee, the subgrantee's consultant(s) and supplier(s), or both, the Department
of Transportation may impose such sanctions as it deems appropriate including withholding of
payments, cancellation, termination or suspension of the agreement in whole or in part. In such
an event, the Department, shall notify the subgrantee of such decision 30 days in advance of the
effective date of such sanction. The subgrantee shall be paid only for those services satisfactorily
performed prior to the effective date of such sanction.
13. Access to Records. DOT, NHTSA, FHWA, and the Auditor General of the State of Florida, or
any of their duly authorized representatives, shall have access for the purpose of audit and ex-
amination of books, documents, papers, and records of the subgrantee, and to relevant books and
records of subgrantees and contractors, as provided under Section 302(1) of the Highway Safety
Act of 1966, Public Law 89-564, as amended. DOT may unilaterally cancel this subgrant if the
subgrantee refuses to allow public access to all documents, papers, letters, or other material
subject to the provisions of Chapter 119, F.S., and made or received by the subgrantee in conjunc-
tion with the subgrant.
14. Audit. Acceptance of this agreement constitutes subgrantee assurance that all provisions of
. OMB Circular No. A-128, Audits of State and Local Governments, or OMB Circular No. A-
110, Attachment F, will be met. OMB Circular No. A-l28 and Attachment F ofOMB Circular No.
A-110 pertains to audit requirements. In addition, the federal highway safety subgrant funds are
to be clearly identified in the audit report. As a minimum, a schedule comparing budgeted and
actual subgrant costs is required. Failure to furnish an acceptable audit as determined by the
State or cognizant federal audit agency may be a basis for denial and refund, or both, of federal
funds. Federal funds determined to be misspent are subject to refund or other resolution regard-
less of disclosure in the audit report.
15. Procedures for Reimbursement. All requests for reimbursement of subgrant costs must be
submitted on forms provided by the Department (DOT-TS 500-065-04 thru 07, which are hereby
incorporated by reference). Requests should be submitted on a. regular basis as costs are incurred.
Bills for fees or other compensation for services or e~enses must be submitted in detail sufficient
for a proper preaudit and postaudit thereof. All requests for reimbursement for Operating
Capital Outlay items having a unit cost of $5,000 or more and a useful life of one year or more
must be accompanied by a complete inventory listing for those items. Payment of the claim will
not be made before receipt of the applicable inventory listing (Non-e:rpendable Property Ac-
countability Record, DOT-TS 500-065-09, which is hereby incorporated by reference).
16. Retention of Records. All records and financial documents must be maintained for minimum
period of three years from the date of the final financial statement and be available for audit and
public disclosure upon request of duly authorized persons.
17. Ownership of Data and Creative Material. The ownership of material, discoveries, inven-
tions and results developed, produced, or discovered by the agreement are governed by the terms
of Section 18.34 (Copyrights) of 49 CFR 18 (Revised A-102) or OMB Circular A-110, Attachment
N, Paragraph 8, hereby incorporated by reference.
18. Property Accountability. The subgrantee shall establish and administer a system to control,
protect, preserve, use, and maintain and dispose of any property furnished it by the Department,
or purchased pursuant to this agreement in accordance with Federal Property Management
Standards as set forth in Section 18.32 (Equipment) of 49 eFR 18 (Revised A-I02) or OMB
Circular A-110, Attachment N. This obligation continues as long as the property is retained by
the subgrantee, notwithstanding the expiration of this agreement.
19. Disputes. Any dispute, disagreement or question offaet arising under this agreement shall be
decided by the Department in writing and shall be distributed to parties concerned. A written
appeal may be made within 30 calendar days to the Governor's Highway Safety Representative,
whose decision is final, at the foilowing address: Department ofTransporiation, 605 Suwaulleee
Street, M.S.-57, Tallahassee, Florida 32399-0450. The subgrantee shall proceed diligently with
the performance of the agreement and in accordance with Department decision.
20. Conferences, Inspection of Work. Conferences may be held at the request of any party to this
agreement. A representative of the Florida Department of Transportation or the U.S. Depart-
ment of Transportation, or both, shall be privileged to visit the site for the purpose of inspection
and assessment of work being performed at any time.
•
21. Publication and Printing of Reports.
a. Before publication or printing,the final draft of any report or reports required under the
agreement or pertaining to the agreement shall be submitted-to the State Safety Office for,
review and'concurrence.
b. Each publication or other printed report covered by Paragraph 21:a. above must include the
following statement on the cover page:
• (1) This report was prepared for the•State Safety Office, Department of Transportation,State.
of Florida in cooperation with the.National Highway Traffic,Safety Administration,U.S.
Department of Transportation and/or Federal Highway Administration,U.S. Department of
Transportation.
(2) The conclusions'and opinions expressed in these reports are those of the Subgrantee and
do not necessarily represent those of the State of Florida,State Safety Office, Department,of
Transportation, the U.S. Department of Transportation or r any other agency of the State or
Federal Government. • -
•
22. Equal Employment Opportunity. No person shall,on the grounds of race, creed, color,.or •
national origin,be excluded from participation in,be refused the benefits of;or be otherwise
subjected to discrimination under subgrants awarded pursuant to P.L. 89-564, or any project,
program,activity,or subgrant supported by such requirements of Title VI of the Civil Rights Act
• of 1964;and allapplicable requirements pursuant to the regulations of the Department.of Corn=
merce,Title 15,Code of Federal Regulations,Part 8,which have been adopted by the U.S. De- •
partment of Transportation.
23. Responsibility for Claims and Liability. Subject to the limitations of Section 768.28,Florida •
Statutes,the subgrantee shall be required to defend,hold harmless and indemnify the State of,
• Florida,Department of Transportation,the National Highway Traffic Safety Administration, the
Federal Highway Administration,,and-the U.S., Department of Transportation,from all claims
and liability, or both, due to the negligent acts of subgrantee,Subcontractor(s)or consultant(s).or
• subgrantee's agents or employee(s). The subgrantee shall be liable for any loss of, or injury to, •
any material developed-or serviced under this subgrant agreement which is caused by the •
subgrantee's failure to exercise such care in regard to said material as a reasonable careful owner
of similar materials would exercise.,
24. Minority Business.
The subgrantee agrees to include the following statement in all agreements,-and in_all contracts
which are financed in whole or in.part with Federal funds provided under this agreement with
the subgrantee:
•
a. Required MBE Contract Clauses: -
(1) Policy. It is the policy'of the U. S:Department-Of Transportation that minority business
enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity.to.partici-
pate in the performance of contracts and subcontracts financed in whole or in part with
Federal funds provided under this agreement In this regard,all recipients or contractors.
shall'take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure - -
that minority business enterprises,have the maximum opportunity to compete for and
perform contracts. Recipients and their contractors shall not discriminate on th_e_basis of
race,color, national'origin,or sex in the award and performance of U.S. DOT-assisted
contracts.
. 25. Restrictions on Lobbying.
The recipient agrees to comply with Section 319 of Public Law 101-121 as provided for in the
Governmentwide Guidance For New ReBtrictiOIU on Lobbying; Interim Final Guidance
published in the December 20, 1989, Federal RegUter.
. -
Each person shall file the most current edition of this certification and disclosure form, if appli-
cable, with each submission that initiates agency consideration of such person for an award of a
federal contract, grant, or cooperative agreement of $100,000 or more; or federal loan of $150,000
or more.
This certification is a material representation offact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
The undersigned certifies, to the best of his or her knowledge and belief, that:
a. No federal appropriated funds have been paid or will be paid to any person for influenc-
ing or attempting to influence an officer or employee of any federal agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with the awarding of any federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any renewal, amendment, or modifi-
cation of any Federal contract, grant, loan or cooperative agreement.
b. If any non-federal funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the under-
signed shall complete and submit Standard Form # LLL, Disclosure of Lobbying Ac-
tivities, in accordance with its instroctions.
c. The undersigned shall require that the language of this certification be included in the
award documents for all sub awards at all tiers and that all subrecipients shall certify
and disclose accordingly.
d. No funds granted hereunder shall be used for the purpose oflobbying the legislature or
state agencies. Section 216.347, Florida Statutes
26. How Agreement Is Affected by Provisions Beine Held Invalid.
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be
affected. In such an instance the remainder would then continue to conform to the terms and re-
quirements or applicable law.
27. Term of Agreement.
This agreement shall begin on the date of the last party to sign and shall end on
September 30, 1992.
28. Special Conditions.
1. All unexpended funds remaining with this grant after payment of final request for
reimbursement shall automatically revert to the Department of Transportation for obli-
gation to other approved programs.
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Project Number:
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IN WITNESS WHEREOF, the parties affirm that they have each read and agree to the
conditions set forth in Part IV of this agreement, that each have read and understand the
Agreement in its entirety. Now, therefore, in consideration of the mutual covenants,
promises and representations herein have executed this Agreement by their undersigned
officials on the day, month, and year set out below.
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-_.- . ... ... .. .... .... Title: MAYOR/CHAIRMAN
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: _ '__, . ,- ;;.,.",", . r' /, __, /_'/ '-,
tNDsALUK S....:.r.:H.. ADMINISTRATOR OF IMPLEMENI'ING AGENCY
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.. B~ DAVID S. KOPPEL, P.E.
. . J . A1.Ithoriud SignGture
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SUB GRANTEE
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MONROE COUNTY BOARD OF COUNTY em M
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) ~;:na~ure: WILHELMINA HARVEY .A
A1.Ithoriztd SignGture ~
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Signature:
Attest: DANNY L. KOLHAGE, CLERK
...... Title: CLERK OF THE COURTS
Title: DIRECTOR OF ENGINEERING
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Signature: ' -
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Date:
Attorney
NOTE: No whiteout or erasures accepted.
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