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HomeMy WebLinkAbout9235 dali protect the past,shape the future DEPT OF ARCHAEOLOGY + HISTORIC PRESERVATION Grant Agreement Between Washington State Department of Archaeology and Historic Preservation And City of Bremerton Grant No. FY24-90009-011 Grant Title: Ivy Green Cemetery Effective Date: December 1, 2023 End Date: June 30, 2025 Grant Amount: $20,040 Grant Purpose Provide support for the rehabilitation of the Ivy Green Cemetery located in Bremerton, Kitsap County. This agreement is made between The Department of Archaeology and Historic Preservation hereinafter referred to as the DEPARTMENT, and City of Bremerton hereinafter referred to as the GRANTEE. Parties' Contact Information DAHP Contact Person: Marivic Quintanilla I Contracts & Grants Manager phone: 360-870-6383 I email: marivic.quintanilla@dahp.wa.gov GRANTEE Contact Person: Colette Berna I Parks Preservation and Development Manager phone: 360-473-5429 I email: Colette.berna@ci.bremerton.wa.us STATg State of Washington • Department of Archaeology& Historic Preservation e 0 P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 eeileee ' iz www.dahp.wa.aov %' f `'yam= Grant No. FY24-9000 9-01 1 v6/1 /88936 Pa g e I lof17 Section 1. Responsibilities of the Grantee A. The GRANTEE will perform or cause others to perform the work described in the "Scope of Work" (Attachment 2). Additional special conditions or specifics about the work required by this agreement, if any, are in attachments as enumerated and described in Section 2. The GRANTEE agrees to perform the work in accordance with any such special conditions or specifics. B. The GRANTEE understands that the work called for under this agreement must conform to state administrative requirements as they relate to the DEPARTMENT, and the GRANTEE agrees to comply with such requirements. c. The GRANTEE agrees to comply with the restrictions of lobbying with appropriated funds: No part of the money appropriated by any enactment of State Legislation shall, in the absence of express authorization by such, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner an elected official, to favor or oppose, by vote or otherwise, any legislation or appropriation by legislation, whether before or after the introduction of any bill or resolution D. The GRANTEE agrees to maintain records in a manner which will provide an audit trail to all expenditures reported to the DEPARTMENT. The GRANTEE agrees to keep these records for at least six years following the ending date of the grant. In the event that an audit of the GRANTEE or of the DEPARTMENT should take exception to any expenditure by the GRANTEE, the GRANTEE agrees to refund to the DEPARTMENT on demand the amount determined by the audit as due. In the event that the DEPARTMENT is required to institute legal proceedings to enforce this repayment provision, the DEPARTMENT shall be entitled to its costs thereof, including reasonable attorney's fees. When arranging for an audit, the DEPARTMENT should contact: Colette Berna Phone: 360-473-5429 680 Lebo Blvd Email: Colette.berna@ci.bremerton.wa.us Bremerton, WA 98310 E. The GRANTEE agrees to pay all the costs involved in carrying out the terms of this agreement prior to seeking reimbursement as provided for in Section 2. A. When seeking reimbursement, the GRANTEE will submit a completed reimbursement form in writing to the DEPARTMENT and provide such supporting documents as an affidavit of publication for newspaper advertising soliciting bids, contracts, photocopies of canceled checks and invoices, and other documents as may be requested by the DEPARTMENT. The DEPARTMENT will provide the GRANTEE with the reimbursement form and guidelines for financial reporting procedures. The GRANTEE agrees to submit its request for STATEO State of Washington • Department of Archaeology& Historic Preservation e 4 P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 www.dahp.wa.aov %° yam= Grant No. FY24-90009-011 � see e� Pa g e 12 of17 reimbursement within thirty (30) days following completion of the work. F. The GRANTEE agrees to provide the DEPARTMENT with a completion/project report acceptable to the DEPARTMENT. The GRANTEE will submit this on or before the end date of this grant. The GRANTEE agrees that the DEPARTMENT shall have the right to withhold all or part of the funds under this grant pending receipt of an accepted completion/project report. Michelle Thompson, DEPARTMENT Architectural Historian shall have acceptance approval or denial of the completion/project report. G. The GRANTEE agrees that the "Budget" (Attachment 1) shall be a financial guide for the work called for by this agreement. The GRANTEE may exceed the budgeted amounts, but this shall in no way obligate the DEPARTMENT for a greater amount than the Grant Amount. If the GRANTEE should spend less than the budgeted amount on an object or element in the Budget, the DEPARTMENT may either reduce its obligation proportionately or it may terminate this agreement. The GRANTEE agrees to maintain records which will render an accurate accounting of each element or object in the Budget. The actual expenditures for the amounts reflected in the Budget may vary by 15 percent without requiring an amendment to this grant agreement. H. The GRANTEE agrees that the DEPARTMENT shall have the right to terminate this agreement if the GRANTEE shall fail to fulfill in a timely and proper manner its obligations under this agreement or if the GRANTEE shall violate any of the covenants, conditions, or stipulations of the agreement. In case of such termination by the DEPARTMENT, the GRANTEE agrees to return to the DEPARTMENT within thirty (30) days of the effective date of termination, any payments made by the DEPARTMENT to the GRANTEE under the terms of this agreement or any portion of such payments as may be directed by the DEPARTMENT. The GRANTEE agrees to submit evidence of completion of all work elements identified in the Scope of Work on or before the grant end date. GRANTEE acknowledges and understands that final work elements which do not conform to the terms and conditions of this agreement will not be reimbursed. The GRANTEE will maintain regular contact with the DEPARTMENT regarding the progress of the grant project. The GRANTEE agrees that the DEPARTMENT shall have the right to monitor the work called for by this agreement. J. The GRANTEE agrees that it, its agents, officers and employees, and any other person or entity performing any work under this agreement, are independent contractors and not employees of the State of Washington ("State"). STATEO State of Washington • Department of Archaeology& Historic Preservation e 4 P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 www.dahp.wa.aov %' yam= Grant No. FY24-90009-011 � see e� Pa g e 13 of17 K. State funds are the basis for this agreement. The GRANTEE certifies that neither it nor its principals are presently debarred, declared ineligible, or voluntarily excluded from participation in transactions by any State department or agency. Should for any reason the State funds which are the basis for this agreement become withdrawn, reduced, or not appropriated by legislation the agreement may be terminated without penalty to the DEPARTMENT. L. To the fullest extent permitted by law, GRANTEE shall indemnify, defend and hold harmless the State, agencies of the State and all officials, agents and employees of State, from and against all claims for injuries or death arising out of or resulting from the performance of the agreement. GRANTEE's obligation to indemnify, defend, and hold harmless includes any claim by GRANTEE's agents, employees, representatives, or any subcontractor or its employees. GRANTEE expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of or incident to GRANTEE's or any subcontractor's performance or failure to perform the Agreement. GRANTEE's obligation to indemnify, defend, and hold harmless the State shall not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees and officials. The parties shall make every effort to resolve disputes arising out of, or relating to, this agreement through discussion and negotiation. Should discussion and negotiation fail to resolve a dispute arising under this agreement, the parties shall select a dispute resolution team to resolve the dispute. The team shall consist of a representative appointed by each party and a third party mutually agreed upon by the parties. The team shall attempt, by majority vote, to resolve the dispute. IN. The GRANTEE agrees to provide or purchase industrial insurance coverage, as applicable, prior to performing work under this agreement. The DEPARTMENT will not be responsible for payment of industrial insurance premiums or for any other claim or benefit for this GRANTEE, or any sub-grantee or employee of the GRANTEE, which might arise under the industrial insurance laws during performance of work under this agreement. If the Department of Labor and Industries, upon audit, determines that industrial insurance payments are due and owing as a result to work performed under this agreement, those payments shall be made by the GRANTEE; the GRANTEE shall indemnify the DEPARTMENT and guarantee payment of such amounts. N. The GRANTEE agrees to include written acknowledgment of The Department of Archaeology and Historic Preservation support for all grant-related publications and public information materials including audio-visual and workshop materials. STATEO State of Washington • Department of Archaeology& Historic Preservation e 4 P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 www.dahp.wa.aov %° yam= Grant No. FY24-90009-011 � see e� Page 14 of 17 o. The GRANTEE agrees to any additional conditions as may be identified in amendments under Section 3 and attached to this agreement. P. There shall be no discrimination against any person employed by the GRANTEE in connection with work covered by or related to this agreement, or against any applicant for such employment, because of race, creed, color, sex, age, marital status, national origin, the presence of any sensory, mental, or physical handicap, or any other condition as set forth Chapter 49.60 RCW. This provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or advertising; layoff or termination; rates of pay or other forms of compensation and selection for training. The GRANTEE shall insert a similar provision in all subcontracts for services covered by this agreement. During the performance of this agreement, the GRANTEE shall comply with all federal and state nondiscrimination laws, regulations and policies. Q. In accordance with legislative findings and policies set forth in Chapter 39.19 RCW the GRANTEE is encouraged in the participation and use of Minority and Women's Business Enterprise firms certified by OMWBE. R. The GRANTEE agrees to a $0.00 match of funds. One hundred percent (100%) being the full amount of the let grant amount, zero percent (00%) being the match amount by the GRANTEE. Further, the GRANTEE agrees that any match specifically identified to this grant agreement by the GRANTEE the GRANTEE will not claim match directly earmarked or identified for this agreement as match for any other grant, agreement or contract. The DEPARTMENT has first and exclusive claim to match provided by the GRANTEE to this agreement as indirect eligible match to the National Park Service, Historic Preservation Fund awarded to the DEPARTMENT. DEPARTMENT: Grant Amount: $20,040.00 GRANTEE: Minimum Grant Match Amount: $0.00 Section 2. Responsibilities of the DEPARTMENT A. The DEPARTMENT agrees to reimburse the GRANTEE one hundred (100) percent of its actual authorized expenditures for the purpose of this agreement, provided: (1) The total paid by the DEPARTMENT shall not exceed the amount stipulated in the "Budget" (Attachment 1) as DEPARTMENT share. (2) All expenditures were incurred between the beginning and ending dates of the grant. STATEO State of Washington • Department of Archaeology& Historic Preservation a li 4 P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 www.dahp.wa.aov %° yam= Grant No. FY24-90009-011 � see e� Pa g e 15 of17 (3) No expenditures have been previously claimed in any other grant from any agency of the state or federal government. (4) The DEPARTMENT has authority to expend the funds required to meet the obligations contained herein. (5) The GRANTEE has met all requirements contained in this agreement. (6) The DEPARTMENT will accept as match expenditures presented by the GRANTEE on rehabilitation projects completed in accordance with the Secretary of Interior's Standards for the Rehabilitation of Historic Properties that were completed on or after July 1 of the year 2023 and prior to the effective date of this contract. B. The DEPARTMENT agrees to consider requests from the GRANTEE for progress payments if, in the DEPARTMENT'S judgment, the public interest will be served by doing so and if such payments are administratively practical and provided appropriated funds are available for which to issue a progress payment. c. The DEPARTMENT may unilaterally terminate all or part of this contract, or may reduce its scope of work and budget, if there is a reduction in funds by the source of those funds, and if such funds are the basis for this contract. The following attachments are hereby incorporated into and made a part of this agreement. Attachment 1 "Budget", consisting of one page. Attachment 2 "Scope of Work", consisting of one page. Attachment 3 "State Form A19-1 Invoice Voucher" to be used as basis for billing, consisting of one page. Attachment 4 "Historic Preservation Easement" consisting of four pages. (See easement document attachment.) Attachment 5 "Heritage Cemetery Grant Special Terms and Conditions" consisting of one page. STATEO State of Washington • Department of Archaeology& Historic Preservation a li 4 P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 www.dahp.wa.aov s° yam= Grant No. FY24-90009-011 � see e� Pa g e 16 of17 Section 3. Amendments This grant agreement may only be amended if such amendment is in writing (with the exception of the 15% variance for actual expenditures identified in Section 1.G), agreed to and signed by all the parties, and attached hereto. DEPARTMENT: GRANTEE: Department of Archaeology City of Bremerton and Historic Preservation • • Qua. A- Gres WGcee(er Allyson Books(Jul 31,2024 10:49 EDT) Greg Whe ler(Jul29,2024 14:29 PDT) By: Allyson Brooks Ph.D. By: Greg Wheeler Its: Executive Director Its: Mayor Jul 31, 2024 Jul 29, 2024 Date Date STATg State of Washington • Department of Archaeology& Historic Preservation P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 www.dahp.wa.aov %° yam= Grant No. FY24-90009-011 � see e6 Pa g e 17 of17 Attachment 1 BUDGET Construction Costs: STATE Hard Soft Total Dollars Match Match Protection & Security $20,040 $0 $0 $20,040 Totals $20,040 $0 $0 $20,040 os STATg OA State of Washington • Department of Archaeology& Historic Preservation e;; _ o P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 s::ii:[r 'ii4 www.dahp.wa.aov "s° ` ,_ Grant No. FY24-90009-011 �� see e� Page 18of17 Attachment 2 SCOPE OF WORK The GRANTEE shall perform or shall cause to perform the following procedures as related to potential ground disturbance prior to project work beginning: Based on the work description, no permit from DAHP is required. However, an inadvertent discovery protocol shall be in place during the proposed work. A template can be found at: https://dahp.wa.gov/archaeologv/human-remains/recommended-inadvertent-human-remains-discovery- language The GRANTEE shall perform or shall cause to perform the following project scope of work: 1. Protection and Security a. Remove and replace the chain link fencing and posts along 15th Street, using the same holes that the current posts are in to minimize ground disturbance. If new holes are required, please coordinate new ground disturbance locations with DAHP. The GRANTEE shall provide final architectural/construction drawings and/or designs for the work noted above to the Washington Trust for Historic Preservation to ensure compliance with the stated plans before work begins. For fencing projects, please provide specifications/details on the proposed products before purchase and installation. STATg OA State of Washington • Department of Archaeology& Historic Preservation e;; _ o :E P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 s:::[r 'iiliz www.dahp.wa.aov %'1 `'yc= Grant No. FY24-90009-011 �& see e6 Pa g e 19 of17 Attachment 3 STATE FORM: A-19 INVOICE VOUCHER Attached on the next page. STATE o,4 State of Washington • Department of Archaeology& Historic Preservation o ::• P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 www.dahp.wa.aov %'TEA( yam= Grant No. FY24-90009-011 �/1 see e6 Pa g e 110 of17 FORM STATE OF WASHINGTON AGENCY USE ONLY �:^reo £ A 19-1A 4j ' INVOICE VOUCHER AGENCY NO. LOCATION CODE P.R.ORAUTH.NO. (Rev.5/91) ' 355 AGENCY NAME Department of Archaeology and Historic Preservation INSTRUCTIONS TO VENDOR OR CLAIMANT: Submit this form to claim PO Box 48380 payment for materials, merchandise or services. Show complete detail for Olympia WA 98504-8343 each item. VENDOR OR CLAIMANT(Warrant is to be payable to) Vendor's Certificate: I hereby certify under penalty of perjury that the items and totals listed herein are proper charges for materials,merchandise or services furnished to the State of Washington, and that all goods furnished and/or services rendered have been provided without discrimination because of age, sex, marital status, race, creed, color, national origin, handicap, religion, or Vietnam era or disabled veterans status. BY (SIGN IN INK) (TITLE) (DATE) FEDERAL I.D.NO. OR SOCIAL SECURITY NO.(For reporting Personal Services Contract Payments to I.R.S. RECEIVED BY DATE RECEIVED DATE DESCRIPTION QUANTITY UNIT AMOUNT FOR AGENCY USE PREPARED BY TELEPHONE NUMBER DATE AGENCY APPROVAL DATE DOC.DATE PMT DUE DATE CURRENT DOC.NO. REF DOC. VENDOR NUMBER VENDOR MESSAGE UBI NUMBER REF TRANS M MASTER INDEX SUB SUB ORG WORKCLASS COUNTY CITY/TOWN SUB PROJ DO APPN PROGRAM SUB BUDGET PROJECT AMOUNT INVOICE NUMBER F CODE INDEX NDEX OBJ nRIFCT INDEX ALLOC UNIT MOS PROJ PHAS si ACCOUNTING APPROVAL FOR PAYMENT DATE WARRANT TOTAL WARRANT NUMBER Attachment 4 CEMETERY GRANT EASEMENT This page intentionally left blank— see easement document. STATE o� State of Washington • Department of Archaeology& Historic Preservation e;;; _ o P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 s::1E:[r ' �z www.dahp.wa.aov s° y>= Grant No. FY24-90009-011 � Pa g e 112of17 This Space Provided for Recorder's Use When Recorded Return to: Department of Archaeology and Historic Preservation CIO Washington Trust for Historic Preservation 1204 Minor Avenue, Seattle, WA 98101 Historic Preservation Easement Cemetery Property Grantor(s): [Property Owner's Name(s)] Grantee(s): State of Washington Legal Description: [Insert abbreviated legal description—lot,block&plat, or section, township,range, and quarter/quarter section] Assessor's Property Tax Parcel or Account Number: [Insert Parcel Number] Page 1 of 4 WHEREAS THE Grantor is owner of certain premises known as the [name of property] located at [street address], [town], [county], Washington; and WHEREAS THE State of Washington through the Director of the Washington State Department of Archaeology and Historic Preservation is presently responsible for precluding any activity or omission at the premises which would destroy or impair its value to the public as an historic place and historic cemetery; and WHEREAS THE Grantor is willing to grant to the State of Washington the preservation interest as hereinafter expressed for the purpose of insuring that the value of the premises for such purposes will not be destroyed or impaired; NOW THEREFORE in consideration of the sum of One Dollar and other valuable consideration paid to the Grantor, the receipt whereof is hereby acknowledged, the Grantor does hereby give, grant, bargain, sell and convey, with covenant of warranty, to the State of Washington a preservation interest in the following described lots or parcel of land, with the improvements thereon (the real property together with the improvements thereon and attached thereto and the appurtenances thereof, being hereinafter collectively referred to as the "Property") located in [town, county],Washington and described in the [county name] County Registry of Deeds,Book [number],Page [number]. The preservation interest herein granted shall be of the nature and character hereinafter expressed and shall be binding upon the Grantor; its successors and assigns. The Property is comprised of grounds, collateral or appurtenant improvements, and all or part is used or intended to be used for the placement of human remains and is dedicated for cemetery purposes. The foregoing description of the Property may be amended, replaced, or elaborated upon in more detail, and a description of the style, landscaping and similar particulars of the grounds, and any collateral or appurtenant improvements on the Property may be added, by an instrument in writing, signed by both parties hereto,making reference to this Historic Preservation Easement and filed of record in the[county name] County Registry of Deeds.If and when such an instrument is placed of record, it shall be deemed to be a part of this Historic Preservation Easement as if set out herein. For the purpose of preserving, protecting, maintaining the Property, including its significance and value to the public as an historic place and historic cemetery, the Grantor does hereby covenant and agree, on behalf of itself, its successors and assigns with the Grantee, its successors and assigns,to the following,for a period of 10 years: 1. The Grantor agrees to assume the cost of continued maintenance and repair of the property, so as to preserve the architectural, historical, or archaeological integrity of the property. Page 2 of 4 Nothing in this agreement shall prohibit the Grantor from seeking financial assistance from any source available to Grantor. 2. No construction, alteration, remodeling, changes of surfacing, or any other thing shall be undertaken or permitted to be undertaken on the Property which would affect the structural integrity, the appearance, the cultural use, or archaeological value of the Property without the express prior written approval of the State of Washington through the Director of the Washington State Department of Archaeology and Historic Preservation, or any successor agency. Notwithstanding the foregoing, the parties understand and agree that Grantor will undertake regular and necessary cemetery maintenance and may undertake new interments, in a manner that is consistent with the historic character, features and materials of the cemetery. 3. Grantee, its agents and designees shall have the right to inspect the Property at all reasonable times in order to ascertain whether or not the terms and conditions of this Historic Preservation Easement are being complied with. 4. If the Grantor fails to observe or if the Grantor violates any covenant, agreement, or provision contained herein,then the Grantee shall in addition to all other remedies available at law or in equity,have the right to enforce this Historic Preservation Easement, including each of its provisions,by specific performance or injunctive relief. 5. The Historic Preservation Easement set forth herein is intended by the parties hereto to preserve the historic integrity of the Property pursuant to the provisions of Laws of 2007, Chapter 333, codified as RCW 27.34.420, or other provisions of law that may be applicable. 6. This Historic Preservation Easement provides the Grantee with additional legal rights and does not supercede or replace any pre-existing legal obligations of the Grantor or legal rights of the Grantee. 7. The Historic Preservation Easement set forth herein shall be binding upon and shall inure to the benefit of the Grantor and the Grantee and their respective successors and assigns. TO HAVE AND TO HOLD the aforegranted and bargained Easement with all the privileges and appurtenances thereof to the said State of Washington through the Director of the Washington State Department of Archaeology and Historic Preservation, its successors and assigns, to its and their use for a period of 10 years from and after the date hereof. 8. SEVERABILITY CLAUSE It is understood and agreed by the parties hereto that if any part, term, or provision of this agreement is held to be illegal by the courts,the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular part, term, or provision held to be invalid. Page 3 of 4 Grantor Name By: (Print name of person signing) Grantor Signature: Date: Its: (Title of person signing—use for an organization,LLC or corporation—either non-profit or for profit If Grantor is an individual: State of Washington County of I certify that I know or have satisfactory evidence that is the person who appeared before me,and said person acknowledged that(he/she)signed this Instrument and acknowledged It to be(his/her)free and voluntary act for the uses and purposes mentioned in the instrument- Dated: ------- (Signature) (Seal or stamp) Title My appointment expires If Grantor is an organization,LLC, or corporation: State of Washington County of I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that(he/she)signed this instrument,on oath stated that(he/she)was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned In the Instrument. Dated (Signature) (Seal/stamp) Title My appointment expires Page 4 of 4 Attachment 5 HERITAGE CEMETERY GRANT SPECIAL TERMS AND CONDITIONS 1) Grantee agrees to record a Historic Preservation Easement in a form as specified by the Department. 2) Grantee agrees to proactively maintain the Heritage Cemetery for a minimum of ten (10) years, in accordance with the terms of this Grant Agreement. If within a period of ten (10) years, action is taken with respect to the Heritage Cemetery which causes it to be no longer eligible for listing in the Washington Heritage Register or the Washington State Heritage Cemetery Register, grant funds shall be repaid in full within one year. 3) If the Heritage Cemetery is not visible from a public right of way, Grantee agrees to provide public access to the exterior of the Heritage Cemetery under reasonable terms and conditions, as set forth in Laws of 2007, Chapter 333, codified as RCW 27.34. 4)All work must comply with the United States secretary of the interior's standards as set forth in the Grant Agreement, provided, however, that exceptions may be made for retention or installation of metal roofs. Such exceptions shall be made on a case-by- case basis at the sole discretion of the Department. 5)The Heritage Cemetery Preservation Fund ("Fund") shall be acknowledged on any materials produced and in publicity for the work performed under this Grant Agreement. Grantee agrees to post a sign acknowledging the Fund at the worksite for the duration of this Grant Agreement. STATg 0 State of Washington • Department of Archaeology& Historic Preservation e;; _ o P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 s::iE:[r 'iiliz www.dahp.wa.aov s° yam= Grant No. FY24-90009-011 � see e� Pa g e 117of17