HomeMy Public PortalAboutUntitled Law
U.S. Department Northwest Mountain Region 1601 Lind Avenue, S. W.
of Transportation Colorado, Idaho, Montana, Renton, Washington 98055-4056
Oregon, Utah, Washington,
Federal Aviation Wyoming
Administration
January 24, 1997
CERTIFIED - RETURN RECEIPT REQUESTED
Mr. Gary P. Shimun, City Manager
City of McCall
216 E. Park Street
McCall, ID 83638
Dear Mr. Shimun:
Reference: Reimbursable Agreement No. NMR 635971 for Maintenance of Nondirectional Beacon and
Automated Weather Obseravtion System at McCall, Idaho
Enclosed is your fully executed copy of reimbursable agreement No. NMR 635971 which is effective January
3, 1997.
Please contact me at(206)227-2849 if you have questions.
Sincerely,
Albert L. Lee
Contracting Officer
Acquisition Management Branch
Enclosure
"Expect Excellence"
Reimbursable Agreement
No. NMR 635971
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
NORTHWEST MOUNTAIN REGION
1601 LIND AVENUE SW
RENTON, WASHINGTON 98055
REIMBURSABLE AGREEMENT NO. NMR 635971
between
CITY OF McCALL
and
FEDERAL AVIATION ADMINISTRATION
This agreement is made and entered into by the Federal
Aviation Administration, hereinafter referred to as the FAA,
and the City of McCall, Idaho hereinafter referred to as the
City.
This agreement, together with all appendices and attachments
hereto, identifies the rights and responsibilities of each
party to the agreement .
W I T N E S S E T H
WHEREAS, the City owns and operates a nondirectional beacon
(NDB) and an automated weather observation system (AWOS) ,
both located at McCall, Idaho; and
WHEREAS, the City wishes to receive maintenance services for
the NDB and the AWOS and is willing to pay FAA for the costs
involved; and
WHEREAS, the Federal Aviation Reauthorization Act of 1996,
P.L. 104-264 , 10/9/96, Section 226 , authorizes the
Administrator to enter into and perform such contracts,
leases, cooperative agreements, and other transactions
necessary to carry out the functions of the Administrator
and the Administration on such terms and conditions as the
Administrator may consider appropriate .
NOW, THEREFORE, in consideration of the premises, covenants
and agreements contained herein, the FAA and the City
mutually agree as follows :
ARTICLE I - PURPOSE
T 1
Reimbursable Agreement
No. NMR 635971
The purpose of this agreement is to have the FAA provide
services to maintain the NDB and the AWOS located at McCall,
Idaho. Maintenance services shall consist of
(1) performance checks and maintenance tasks delineated
in FAA Order 6740 .2D, "Maintenance of Nondirectional
Beacons" and in FAA Order 6560 . 13A, "Maintenance of
Automated Weather Observation Systems" , which appear as
Attachments 1 and 2 respectively, to this agreement, and
(2) non-scheduled maintenance and repairs including,
but not limited to troubleshooting of equipment and
correction of equipment failure when such services are
requested by the City.
The City shall be responsible for acquiring or otherwise
having available to the FAA service technician, any
replacement parts and supplies required at the time
maintenance services are performed. In the event the City
is not able to provide parts and supplies, the FAA may
provide them, and the costs plus administrative overhead,
shall be charged to the City.
ARTICLE II - SCHEDULE OF CHARGES
For and in consideration of this agreement, the City shall
reimburse FAA the cost of maintenance labor, mileage for
technicians, travel to perform maintenance or repair work,
and associated parts and supplies provided by the FAA, plus
an administrative overhead.
All charge rates set forth below shall apply beginning on
the effective date of this agreement and are subject to
increase due to various factors including, but not limited
to, Government cost-of-living allowances, Government
locality pay determinations, inflation, etcetera.
In the event of any such increase or other change to the
charge rates, the FAA shall provide written notice to the
City. Upon agreement of the parties to such changed charge
rates, an amendment to this agreement shall be issued
reflecting those changed rates .
The following charge rates shall be applicable under this
agreement :
1. Performance checks and Maintenance Tasks
flat rate $4, 000 .00
2
Reimbursable Agreement
No. NMR 635971
The FAA shall perform scheduled periodic performance checks
and maintenance tasks on the AWOS and the NDB per attached
FAA Orders referenced in Article I for the flat rate of
$4, 000, which includes the costs of travel and mileage
incidental to these performance checks and maintenance tasks
are included in this flat rate . 2611 administrative
overhead. Any parts and supplies provided by the FAA
incidental to these performance checks and maintenance tasks
and 201 administrative overhead. Any parts and supplies
provided by the FAA shall be charged in addition to this
flat rate at cost plus 26% administrative overhead.
2 . Non-Scheduled Maintenance and Repairs
Requests for any non-scheduled maintenance and repairs,
associated travel, mileage and FAA-provided parts and
supplies shall be charged at the rates below:
A. Maintenance (labor) $50.00/hour
Charges shall be assessed from the time a service technician
departs his office and shall end at the time of return to
his office . This rate includes 26% administrative overhead.
B. Travel time $50 .00/hour
Travel time applies to requests for other than scheduled
maintenance and may be charged when associated with the FAA
having to make separate trips to obtain parts or supplies
needed to complete maintenance (including periodic scheduled
maintenance) or repairs . This rate includes 26%
administrative overhead.
C. Mileage $0 .13 - $0 .31/mile
Mileage charges shall be assessed from point of origin to
the site and return. Mileage shall be charged for all
service calls including maintenance, troubleshooting, repair
and obtaining parts and supplies at cost plus 26%
administrative overhead. Applicable mileage charges shall
be contingent upon type of vehicle (i .e . Government vehicle
by type or privately-owned vehicle) used by the FAA at time
charges are incurred.
D. Parts and Supplies
Any parts and supplies provided by the FAA for the purpose
of maintenance or repair of the AWOS or NDB shall be charged
at cost plus 26% administrative overhead.
E. Overhead
A 26% administrative overhead charge is included in the
$4, 000 flat rate, in the $50 . 00 maintenance rate and in the
$50 . 00 travel time rate . A 2601 administrative overhead
charge shall be added to all mileage, parts and supplies
3
Reimbursable Agreement
No. NMR 635971
charges . This overhead represents the cost to the FAA of
those indirect expenses which are a part of the cost of
overhead agency operations . The overhead rate shall be
adjusted automatically and without the necessity for formal
amendment of this agreement . Any revisions to overhead
rates will normally be made prior to the beginning of a
fiscal year by issuance of a revision to Appendix 2 of FAA
Order 2500 . 35C.
ARTICLE III - TERM OF AGREEMENT
A. The initial term of this agreement shall commence on
the effective date of this agreement, which shall be the
date of the signature of the last concurrence date, and
shall extend through September 30, 1997 .
B. This agreement will automatically be renewed for a
maximum of four (4) additional one-year periods, beginning
October 1, 1997 and ending on September 30, 2001, unless
either the City or the FAA provides written notice of
termination thirty (30) days prior to the expiration of the
initial period of this agreement or any renewal thereof .
Said notice shall be computed commencing with the day after
the date of mailing. All other terms and conditions of this
agreement shall remain in full force and effect during any
renewal term.
C. Either party to this agreement may discontinue
participation by giving the other party 30 days notice in
writing prior to the effective date of discontinuance .
ARTICLE IV - INVOICES AND PAYMENTS
Invoices
The FAA will bill the City on a quarterly basis for flat
rate and non-scheduled maintenance and repair services,
mileage, travel time and parts and supplies provided by the
FAA during the period billed.
The $4, 000 flat rate charge will be spread over the first 3
quarterly invoices at $1, 360 . 00, $1, 320 . 00 and $1, 320 . 00 .
Flat rate charges for services beyond September 30, 1997 are
projected at four (4) quarterly charges of $1, 000 each
(actual charge amounts will be contingent upon rate
increases . ) Each invoice will additionally reflect non-
scheduled maintenance and repair charges plus administrative
overhead, incurred within the period being billed.
4
Reimbursable Agreement
No . NMR 635971
The FAA shall submit invoices to:
Gary Shimun, City Manager
City of McCall
P.O. Box 986
McCall, ID 83638
Telephone : (208) 634-7142
Fax: (208) 634-3038
Payments
The City shall remit payments to:
FAA, AWP-22A
NMR635971
P.O. Box 92007, WPC
Los Angeles, CA 90009
Telephone : (310) 725-7325
Fax: (310) 536-8521
Late Payments
Public Law 92-41, 85 Stat . 97, requires interest be assessed
on delinquent debts . Accordingly, a late payment interest
charge will be assessed on all subsequent billings whenever
payment is not received by the due date . The interest rate
is established by the Treasury Fiscal Requirements manual 6-
8000 for each thirty (30) day period or portion thereof tht
the payment is not received. In addition to the interest
charge on late payments, there will also be a late payment
penalty plus an administrative charge added to any payment
that is thirty (30) days, or more, past due .
This agreement may be terminated for nonpayment if any
monies are owed the FAA for more than 90 days .
Payments received from the City will be credited to the
Reimbursement Appropriation established in accordance with
the requirements of the Federal Aviation Reauthorization Act
of 1996, P.L. 104-264, 10/9/96 .
Any disputes regarding payment amounts or the interest
penalties will be resolved in accordance with the FAA
Dispute Resolution System.
ARTICLE V - LIABILITY
A. Hold Harmless
The City agrees to defend any suit brought against the United States,
the FAA, or any instrumentality or officer of the United States arising
3 5
Reimbursable Agreement
No. NMR 635971
out of work under this Agreement. The City further agrees to hold the
United States, the FAA, or any other instrumentality or officer of the
United States harmless against any claim by the City, or any agent
thereof, or third persons for personal injury, death, or property damage
arising out of work under this Agreement.
B. Damages
Except for damage to or destruction of FAA property caused by the FAA or
any FAA personnel, the City agrees to reimburse the FAA for any damage
to or destruction of FAA property arising out of work under this
agreement.
ARTICLE VI - OFFICIALS NOT TO BENEFIT
No member of or delegate to Congress, or resident
commissioner, shall be admitted to any share or part of this
agreement, or to any benefit arising from it . However, this
clause does not apply to this agreement to the extent that
this agreement is made with a corporation for the
corporation' s general benefit .
ARTICLE VII - GRATUITIES
The right of the City to proceed may be terminated by
written notice if, after notice and hearing, the agency head
or a designee determines that the City, its agent, or
another representative (1) offered or gave a gratuity to an
officer, official, or employee of the FAA; and (2) intended,
by the gratuity, to obtain an agreement or favorable
treatment under a agreement .
The facts supporting this determination may be reviewed by
any court having lawful jurisdiction.
The rights and remedies of the FAA provided in this clause
shall not be exclusive and are in addition to any other
rights and remedies provided by law or under this agreement .
ARTICLE VIII - COVENANT AGAINST CONTINGENT FEES
The City warrants that no person or agency has been employed
or retained to solicit or obtain this agreement upon an
agreement or understanding for a contingent fee, except a
bona fide employee or agency. For breach or violation of
this warranty, the Government shall have the right to annul
this agreement without liability or, in its discretion, to t
deduct from the agreement price or consideration, or
otherwise recover the full amount of the contingent fee .
ARTICLE IX - ANTI-KICKBACK PROCEDURES
6
(
(
3
Reimbursable Agreement
No. NMR 635971
The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act) ,
prohibits any person from (1) providing, or attempting to
provide, or offering to provide any kickback; (2)
soliciting, accepting, or attempting to accept any kickback;
or (3) including, directly or indirectly, the amount of any
kickback in the contract price charged by a prime contractor
to the United States or in the contract price charged by a
subcontractor to a prime contractor or higher tier
subcontractor.
ARTICLE X - PROTESTS AND DISPUTES
All agreement disputes arising under or related to this
agreement or protests concerning awards of agreements shall
be resolved under this clause, and through the FAA Dispute
Resolution System. Judical review, where available, will be
in accordance with 49 U.S .C. 46110 and shall apply only to
final agency decisions . The decision of the FAA shall be
considered a final agency decision only after a contractor
or offeror has exhausted their administrative remedies for
resolving their agreement dispute under the FAA Dispute
Resolution System. Protests must be filed with the Office
of Dispute Resolution within 5 calendar days of the date
that the protester was aware, or should reasonably have been
aware, of the agency action or inaction which forms the
basis of the protest . Information relating to submitting a
protest or dispute will be provided by the contracting
officer, upon request .
ARTICLE XI - AMENDMENTS
Any amendment, modification or change to this agreement
shall be formalized by an appropriate written amendment .
All amendments are to be duly executed by the authorized
representatives of all parties to this agreement .
ARTICLE XII - CORRESPONDENCE and COMMUNICATIONS
The City shall send correspondence to the FAA regarding this
agreement to the address below. All written communications
must be identified with reference to Agreement No. NMR
635971 :
Federal Aviation Administration
Acquisition Management Branch
1601 Lind Avenue S .W. , ANM-53R
Renton, Washington 98055-4056
Telephone : (206) 227-2056
Fax: (206) 227-1055
7
Reimbursable Agreement
No. NMR 635971
The FAA shall send correspondence to the City regarding this
agreement to:
Gary Shimun, City Manager
City of McCall
P.O. Box 986
McCall, ID 83638
Telephone: (208) 634-7142
Fax: (208) 634-3038
Technical questions and coordination should be done through:
For the FAA:
Mark A. Baird, Manager
Boise System Support Center
3201 Airport Way, Room 2401
Boise, ID 83705
Telephone : (208) 334-9002
Fax: (208) 334-9008
For the City:
Dale E. Points, Airport Manager
P.O. Box 1597
McCall, ID 83638
Telephone : (208) 634-7070
Fax: (208) 634-5360
ARTICLE XII - CONCURRENCE
The FAA and the City hereby agree to the provisions of this
agreement as indicated by the signatures herein below of
their duly authorized representatives . This agreement
supersedes all previous agreements between the parties on
the subject matter set forth.
CITY OF McCALL FEDERAL AVIATION ADMINISTRATION
By: By:
Albert L. Lee
Title : Title : Realty Specialist
Acquisition Mgmt . Branch
Date : Date :
JAN -3 1997
8
Reimbursable Agreement
No. NMR 635971
CERTIFICATE OF SIGNATURE AUTHORITY
I' certify that I am the
0-TMY �'-LP VZK Of M C- '-ALL Who 1S
a party to Reimbursable Agreement No. NMR635971 and that
GAS RV P kl HTMtAkj who signed the agreement on behalf
of was then
of said city; that the agreement was duly signed for
and on behalf of
M �' AI-L by authority of
its governing body, and is within the scope of its
authority.
g
Seal
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WORD REF: REIM1635 .DOC
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9
NMR 635971 ATTACHMENT 1
ORDER 67Q.ZD .
Reprinted 1/92 -
(Include CHGS I and 2
MAINTENANCE OF NONDIRECTIONAL BEACONS(NDB)
9.
4L Z -
7 Z
Af,S T R't`Q
March 641989
U.S. DEPARTMENT: OF TRAN SPORTATION
FEDERAL AVIATION ADMINISTRATIO
N .
f
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Distribution: Selected Airway Facilities Field Initiated By: ASM_156
and Regional Offices;ZAF-6o2
7/13/94
6740.2D CHG 6
CHAPTER 4. PERIODIC MAINTENANCE
100.GENERAL.
b.The following are required key performance checks and
a.This chapter establishes the maintenance activities re- maintenance tasks and the maximum intervals between suc-
quitedfor NDB equipment on a periodic,recurringbasis and facility
accomplishments to insure that the performance of the
the schedules for theiraccomplishment.The c �' reliable and within designated technical tolerances.
hapteris divided The regions may shorten the time intervals specified,but may
into two sections.The first section identifies the performance not lengthen
checks C••e•, tests,measurements,and observations)of nor-
Of locations.A copy of Bch regionally t on a t oasts at a limited numbermal
controls and functions,which are n authorized increase in
determine whether ey the established time intervals, complete with justification,
operation is within established toletan- .shall be forwarded to Operational Support.
ces/hmtis. The second section is reserved. Refer to the latest '
edition of Order 6000.15 for additional general guidance, 101.409.RESERVED.
Section I.PERFORMANCE CHECKS
Performance Checkr Re erertce Para r h
Stondards& Maintenance
Tolerances Procedures
110.BIWEEKLY,(Tube-Type Without Local Monitor)
a.Check antenna current . . . .
52 141
L Alternate equipment at dual-equipment .
facilities N/A 144
c-Check voice/idendAcation quality . , , , , , , , . .
N/A 148
111.MONTHLY.(Tube-Type With Local Monitor)
a.Check antenna current
52 141
b.Alternate equipment at dual-equipment .
facilities N/A 144
i
a Check volce/ldentiticatlon quality
N/A 148
• 11L SEMIANNUALLY.
a.Check antenna current •
(solid-stare only) S2 141
b.Check voice/ldendflcadon quality . , , , , , , _ . . .
N/A 148
c.Check modulation
53 142
d.Check 4
monitor alarm points . . . . . . . . . .
SS 143
e.Check auto shutdown
56 18
f.Check automatic reset . . . . . . . . . . . . . . . . . . . . . . . • . . . N/A t
149
Chap.4
Par. 100
Page 13
6740.2D CHG 3 9/29/92
Performance Checks INC eKnce am
Standards and Maintenance
Tolerances Procedures
113. ANNUALLY.
a. Measure frequencies ......................................... 54
147
b. Measure and record the leakage resistance of the transmission lines .. S7
146
114,119. RESERVED.
Section 2. OTHER MAINTENANCE TASKS
Re urnce Pam h
Maintenance Tasks Stmrdards and
Maintenance
Tokrmues Procedures
120. ANNUALLY. (Polestar Model PA-35D LF/MF Antenna System) ...... N/A� 160 :
a. Inspect and clean antenna.
b. Inspect for loose cable connections.
+ c. As Required. Verify that the vswr is within required limits .........
after a period of severe weather involving lightning strikes in the 172
area of NDB.
121:129. RESERVED.
age 14 Chap. 4
Par. 113
. ORDER NMR 635971 ATTACHMENT 2
6560.13A
Reprinted 4/87
(Incls Chgs 1 thru 4)
MAINTENAN
OF
AVIATION METEOROLOGICAL SYSTEMS AND MIS
CELLANEOUS AIDS
� O
Z
O
O�,N/STRp`�`
1
OCTOBER 20, 1980
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
s
Distribution: SELECTED AIRWAY FACILITIES FIELD Initiated By: AAC-1010
OFFICES: A—X(AF)-3; ZAF-600; ZAC-328
4W/90
A60.13A CM"
appendix 4
z
CHAPTER 4. PERIODIC MAINTENANCE
90. GENERAL.
Monthly tasks are primarily a cleaning and simple inspection
for damage.No certifications are to be done for a monthly
a. Purpose. This chapter establishes the maintenance only activity.A monthly check i s also done just before any
activities that are required for the automated weather observ- quarterly or annual maintenance tasks.
y ing system(AWOS)manufactured by Qualimetrics,Inc.,on
a periodic, recurring basis, and the schedules for their ac-
complishment.The chapter is divided into two sections.The (2) Quarterly: Quarterly maintenance activities are
first section identifies the done every three months plus or minus 10 days inclusive.Ac-
performance checks (i.e., tests, tivities include more detailed house cleaning and several sen-
measurements,and observations) of normal
operating con- sor certifications.trols and functions,which are neces
sary to determine whether
operation is within established tolerances/limits.The second
section identifies other tasks that are necessary to prevent (3) Annual: Annual maintenance activities are done j
deterioration and/or ensure reliable operation.Refer to Order once a yearplus or minus 60 days inclusive:Aptivities include
6000.15A for additional general guidance. certification of all sensors, replacement*
of various sensors
and filters and full diagnostic checks.
b. Interval.
C. Maintenance Procedures References. Paragraph
(1) Monthly. Monthly maintenance activities are references are to paragraphs within this appendix or to the
done every calendar month plus or minus 5 days inclusive. Hance M::.:::�1 Document, 223-027; for eC-
ar' - '56 or AWOS par 7.7.2(1), (2),respectively.
Section 1. PERFORMANCE CHECKS
Standard
Pt ormance Checks do �yauuaiarre ._
Tolerance Procedures
91. WLNDSPEED.
a. Monthly. Visually check skyvane operation . . . . . . . . . . . . . . . NA AWOS par S3S�
* b. Annually
(1) Check calibration of wind speed senior . . . . . . . . . . . . . . . 61
AWOS
pars 7.72(1).(2)
(2) Check and lubricate bearing . . . , . . . . .
xa AWOS pars
92. WLND DMEC110N. 7.72(3),(4),(S)
a. Monthly. Visually check skyvane operation . . . . . .
• • • • • NA AWOS par 53.5
b. Annually.
(1) Check calibration and adjustment against }
a bench-mark target 62 AWOS
pan 7.7.1 (1),(2).
(2) Check bearing (3),(4)
62 AWOS
par 7.7.1(5)
Chap.4
Par.90 Psge 11
S560.13A CHG 9
Appendix 4
4=790
Pe ormance Checks Standard 6c Maintenance
Tolerance Procedrves
93. AMBIENT TEMPERATURE.
* a. Quarterly. Check calibration of tan
using an Assmann psychrometer.temperature sensor. . . . . . . . . . . 63
AWOS pars 653.1.
b. Reserved. 6.532 •
94. DEWPOL%T.
* a- Quarterly. Check calibratim using an Assmann Psychrometer . . . .
64
AWOS
Pan 653.1.
b. Withdrawn—CHG 9
6332 +
95. BAROMETRIC PRESSURE SET'TI1VG•
a. Withdrawn—CHG 9
r
* b. Annually. Check calibration . . . . . . . . . . . . . . . . . . . . . . .
65 AWOS pars 7.7.10, ;
96. CLOUD HEIGHT.
and 7.9.1 +
WIT
a. Quarter! =-�
y Check operation of humidity
sensor,blower,and window dirt sensor. 66 AWOS par 65.7.
b. Annual! (a)•(b)'(c)
y Check calibration . . . .
66 156;AWOS
97. VISIBILITY. pars 7.7.9(2),(3).(4)
a. Quarterly Check sensor using the visibility
calibrator. 67
AWOS par 65.4.1
b. Reserved.
* 98. RAINFALL MEASURING. Yearly,check operation of the rain .
sensor and level gage. 68 AWOS
pars 7.7.8(2),(3).
99. DAY/NIGHT SENSOR. Yearly,check calibration of the • (4),(S)
ambient light photocell. 69 AWOS
100. DATA COLLECTION PLATFORM. pars 7 7.7(1).(2)
a. Quarterly. Check general overall
calibration. 70 AWOS par 6.43
* b. Annually. Check calibration
70
10I. CENTRAL DATA PLATFORM. AWOS par 7.6 •
a. Monthly. Check for voice . .
71 a AWOS par 5.4.1
Page 12
Chap.4
Par.93
41111
6560.1
` Appena
Pe ormance Citeckr Standard do MaintAmice
Toleronce
PrnctdttreJ E b. Quarterly. Check for voice data
€ output. 71b AWOS par 6.6
C. Withdrawn—CHG 9
102. OPERATOR TERNMIAL
I- Monthly,inspect sweat and printer for proper . .
operation. 72 AWOS par 5.42
b. Annually.Check voice accuracy. . . . . . . . . . . . . . . . . . . . . .
71c AWOS par 792•103. TOWER OBSTRUCTION LIGHTS . , , , , , • , • • • • .
Monthly.check and,if required replace 73
obstruction liShts. AWOS par53.6
104. MOTOR-ASPIRATED RADIATION SHIELD
Annually,check operation and fault detector, ' ' ' ' ' ' ' ' • • 74 AWOS par 7,73
105. TEST EQUIPMENT CALIBRATION , , , , , ,
Check test calibration dates. Order 6200.41) AWOS pas 9.1.
106. SYSTEM SELF-CHECK 9.2.93
z Annually,check senior failure detection. ' NA 164
F
107. VHF RADIO CHECK
g
• Annually, check tran-m.:ter operation. . . . . . . . . . . . 75 AR'OS per 79.4
108. UHF R.. AD10 CHECI•:Annuall �
z
y,check transmitters for proper operation 76 AWOS pars 7.83. t
109. SYSTEM CLOCK CHECK(RRM) . 793
f
Monthly,check system clock for accuracy. '
' ' ' ' ' ' ' ' 71d 165
I10.-122. RESERVED.
. s
Chap.4
Par. 101 Pape 13(and 14)