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HomeMy WebLinkAboutC04-030 Town of Vail IGA ..'. .",.-'t e.oL/.- -~-'5Z . ADDENDUM TO DISPATCH SERVICES INTERGOVERNMENTAL AGREEMENT TO ADD EAGLE COUNTY ANIMAL CONTROL AS A CONTRACTING ENTITY AND TO AMEND CERTAIN TERMS AND CONDITIONS OF THE INTERGOVERNMENTAL AGREEMENT This Addendum made and entered into this Q day of ~ ,2004, by and between the Town of Vail, a Colorado municipal corporation' Eagle Co ty, Colorado and the County of Eagle, State of Colorado, by and through its Board of County Commissioners on behalf of the Eagle County Animal Control Department (hereinafter "Eagle County Animal Control"). The Town of V ail and Eagle County Animal Control are collectively referred to as the "Parties." RECITALS WHEREAS, Eagle County Animal Control, a department within the County of Eagle of the State of Colorado, has applied to avail themselves of dispatching services provided by the Town of Vail Communications Center; and WHEREAS, the Town of Vail wishes to include Eagle County Animal Control as a contracting entity under the existing Dispatch Services Intergovernmental Agreement dated June 29, 1998 attached hereto as Exhibit A and incorporated by reference; and WHEREAS, Eagle County Animal Control desires to amend certain terms and conditions of the existing Dispatch Services Intergovernmental Agreement as set forth below. NOW THEREFORE, in consideration of the mutual promises set forth herein, the Parties agree as follows: AGREEMENT 1. Eagle County Animal Control is hereby added as a contracting entity, subject to the terms and conditions set forth in the existing Dispatch Services Intergovernmental Agreement dated June 29, 1998, with the exception of those terms and conditions expressly amended in this Agreement. 2. Article X, Paragraph A ("Duration of Agreement") with respect to Eagle County Animal Control shall be amended to read as follows: A. The duration of this Agreement shall be for a minimum period of one (1) year, from its effective date of January 1, 2004 through December 31, 2004. The contractual obligation of the Parties to this Agreement shall be subject to the annual appropriations as required by Article X, Section 20 of the Constitution of the State of Colorado. If a contracting entity shall desire to terminate this Agreement, it shall give written notice to the Town of Vail of its intention to terminate the same and upon failure so to give such notice to the Town of Vail, then as to such contracting entity not exercising its right to terminate, this Agreement shall continue for its initial one (1) year term and thereafter on a year to year basis, indermitely until such contracting entity shall exercise its right to terminate this Agreement by written notice to the Town of Vail of its intention so to terminate. Eagle County Animal Control may terminate this Agreement at any time, with or without cause, upon thirty (30) days prior written notice to the Town of Vail. Upon such termination, each party shall be relieved of any obligations under this Agreement Eagle County Animal Control shall be reimbursed for the proportion of funds that have not yet been utilized through dispatch services. Termination of this Agreement by a contracting entity shall be effected by riling with the Town of Vail a notice acknowledging that this Agreement, as it then exists, has been duly terminated by the due resolution of the legislative body or other appropriate authority of such contracting entity so desiring to terminate the same and such notice shall be duly signed by the presiding officer of said legislative body or the chief executive officer of such contracting entity. 3. If any conflict exists between the provisions of this Addendum and the existing Dispatch Services Intergovernmental Agreement, the provisions of this Addendum shall control. 4. This Addendum shall be binding on the Parties hereto, their heirs, executors, successors and assigns. UCt-IO-'UUd ua:uram rrum- IN WITNESS WHEREOF. the Parties hereto have signed this document the day and year first above written. TOWN OF VAlL, a Colorado municipal corporation By: &~~ Ludwig Kutz, ayor Address for giving notice: Town of Vail Commwllcations Center 75 S. Frontage Road West Vail. CO 81657 COUNTY OF EAGLE, STATE OF COLORADO, by and through Its BOARD OF COUNTY COMMISSIONERS I ill- By:JL~ L Michael L. GallagheT, Ch . Address for giving Dotiee: P.O. Box 850 Eagle, CO 81631 OCt-IO-'UU~ ua:uram rrum- ."f .. }...,. '.J AGR~I;MENT rms AGREEMENT. made and entered into this .;J.-,J~y of J ,. "M..... 1998. by and between the Town of Van. colomdo lUte! Eagle CoUllty, the Western Eagle CoUJUy . AmbulaPcc Disttiet. the Town ofEag1e. the Gypsum Fite Protcotion District" the Greater Eagle File Proteetion ~ the Town ofMintum, ~ Mi11tum Fire District, the Town of Avon, the Eagle County Health Service Dist.riet ami the u.s. Forest Service, eadl being a political -. subdivision within the CountY ofEag1e of~ Statl: ofColozado. and hmeiDafter SlWc:rall)' refelred to by name or conecntvely as the "contnuning entities" for services to be provided by the 'Town ofV8il Communications CeI1ter. heIeinafier referred to as "the cDlDDl1J1lications center." WlTNESSETII: WHERBAS. the conttaC1iIIg entities in the performmce of their governmemal functiODS, do furnish fire andJor lIOllCC protm:tion and omer public safety services to the citizens and residents within the boundaries and anlIIS ofthen' l'~ve setVice areas. ancl WHERBAS.. the ~ entities are sevedlly ~ to and. do JHeSIlntly. severally. ~ and operate radi~ communicatioDS syBtem$ b tI:Je traDSlDif;sion and dispatchiDg of aJ.eSSBgcs ICla1iag to in and/ot police proteCtion and other pUblic safety services, and, as an incident 1bereto do engage in the dispaU:.biDg of public safety and emergcncy vebicles IUlIl services to citizens and JeSidmds in need fiutn their own o~ons, as weU as from other public or private endties.pmviding public safety savices. and WHEREAS. Town of Vail operates a CtlmnmnicatiOns center performing that dispatddDg for itself and others, among other tbings, and WHEREAS. pm:suant to tho provisions of Section 29-1-201.~, Colorado Revised SfatUtes. as amended, and.A1ticle XIV of the Constitution of the State of Colorado. each of the contracting entities is legally authorized to cooperate and conttaCt with the otbml for the p\lrPOSC of intel'govemmentally l'ro~ any functiOJl. service or facility autl101i7.Prl tn it. ;nl'h,t1;"'e .,... sharing of costs and inc1uriDgof debt, and further illCludinS .authority to provide for the joint exercise of such function, service or facility. Blld EXHIBIT 1 .~ t ~ UCt-ID-'UU~ ua:uram rrum- I ..9 .. "VVI V I V . VOW"" "'-' WHEREAS. the eontrading entities do ameby sc. --_ly determine and declafe that this Agreement is necessa:tY. proper and convenient tOJ the continued fostering aDd ~on of the public peace. health and safety. NOW. 'l"HEREFORE. in consideration (lftne premises and oftbe respective: covenants and \1DderIakiugs of the panics hereto. each covmanting to &Ad wid! au;b other jointly and. sevemUy. as herein set forth, IT IS AGRBBD If., follows. t/J-wi't; ARTICLE T - C.OMMtlJ'lIC~ nONS CENTER The Town of van wiD at aU times operate its communic;dion tenter faciIities ill an efficient manner and will supply its I8dio commwrioa1iolls services in the tr:VJ~l.J1!13dOn ami dispatching of~ to and from the particiJ)aling ds:.pa..bh~ oftbe COIIIIaCting entities as hereafter n=ied to Mly discbarge the responsibilities of suc.h goverJDIdaltS in the pnlviding and NmishiDg of pollee.. fire, ad ~~ ~ protection and incidenml public safety services to the citi2ens and rcsicleats within the bolmdarics and ateaS oftbeir rc:specti.ve servic:e anm. Iu:I'flinaftct somt'!time9 refened 10 as "S1JCh services". 11le coDtnlCling entities covea:mt and agree to pUlCbase from the Town of Vail r;erlic:es as needed by their l'CtI~.aiVl:l participating . . dcpaJtmeDts. The ToWll of Vail agrees to cba1'gc fot such seni~. and the con1mdiug go~ agree to ~ for such services. all m accordance wi1h the stmJdaJ:ds as h~ set forth for computing Dpeta1ing costs of the 'l'own of Vail COmammicadODS ccntet; ARTICU~ n . pF.RMfT'S AND T ICEN~ 'I'hc Town of Vail shall obtain at its expense, any and all penni13. certificates and licenses required by any rules. regulations and laws fur the constn1Ction and operation of its communication c:eI1f&r facil1ty. The c:mnraotins entities will c:oopa:atc wi1:h the Town of Vall. to the cm=t necessary. in obtaining such pc:rmits. certificates and licenses. ARTIC.LE ill - MAINTATNING EOUlPMBNT It is agreed. and acknowledged 1bat it is of the ase:nce to this Agreement tbat the communications center facility shall at aU times be rrJsiqtRin..d in pr:OpCr oneradn~ condition&. and the Town of Vail shall sufficiently and adequately protect and maintain its communications center :facility aDd the equipment thereof in such 11l8IIDeI' that its services shall at all times be efficiently rendered to the participating departlnems of the contracting entities as and when needed. 2 Y~\-Ig-~UU~ UV.UI~ rlumr '--' ARTICLE fY ~ PRRSO ----' The Town of Vail agrees to finnish sufficient and qualified petSOlUlel to properly opeme the comnllaemons center facWty and to aupply the needed services tD tba participatins \ clepaIImeDtB of the ~g govamnet1ts on a 24 hD1Ir basis everyday hereafteJ'. commencing on or before July I, 1998. ARTICLS V - OWNERSHIP ANn MANAS:if.:tIENT OJ:' COMMUNICA nONS ~ The ~~B entities, by virtue oftbis Agreement, shall not be the owur or part-owner of any Df the assets of the conummieatiODS ceuter. and, except as otberwise provided bcrciD, the ~ emitill5 other than the Town of Vail sbaJl have lID control whatsoeVer ill the mauagmnetlt, operation BDd owner&bip of the communiMttOJ1S eeJIter. At the time of entering into 1his Agreement Ragle Co\1DtY ancl tbe Eagle County Einergeocy TcllCphone Services Authority have equipmcnl which is pracmtly being utilized iD the Town of Vail communications (lemtlr, such use shall contiDue and additional equipment may be placc4 in the comm.mdca1ions center in the fUture. 'I'b8 Town of Vail. by virtue of this Agreement, sball not be the owner or part owner oftbose assets.owned by other entities aml being.utilized in tile commuoicatioDS ct:i1tet . &UTICLE VI - ADV1$PRY BOARD . Wbile the JIUIII8ICllJlon.t. operation, and .,WQerSbip of the comm.urdeation c~ sufficient to meet the obligadons oftbis Agreement remaia8 wi1h the TOWD of Vail, thue shall be 0Matcd an advisoIy bocud for the pmposc of reviewing protocOl aDd znaking suggestions as approptiate. The advisory boaId is intended 10 CMatc an oppommity for the lJ8Ct agencies to address issues that arise concerniDg tile colllDlUllication center services lCDdered by the Town orVail. The advisory boad will meet on a regqlar basis as ~ adequate by that boafd to address issues and/or co1UZl1lS thal &na.y a:ffect the service being provided. Each user agency has the DppDrtunity to appoint one representative to setve lIS a member of the advismy board. Such mmnber shall be clesigJ:Jllted on an rmnuaJ basis prior to Julv 1st of each year in which tlu'! appointing eDI:ity is utili2ing the services provided plA'SWlDt to this Agreemeni If a USCl" agonq' cbangc:s its desigaatedrepleSCD1ativc other tban 00 July 1st, such chauge must be made in writblg to the a4visoty board and the Town of Vail. :3 ~~~-IW-~VVv WViVV4m rrumr ,...w .. vv'" "'9 . VV'" ARTICLE VII. ANNUAL CHARGE.. R lmRVlCSS The COa1:ractillg governments hereby agree to the payment of a proporrioaate share of the o~ costs afthe commUJdca;tions center, which shall include but not be limited to the costs of salaries aDd fringe benefits for employees, telephones. supplies. utilities, mainteaaDce. iDsurance. and my otber ~ RIJated to the eflieimrt opaalion of the eomIIIUQicatiODS center. Such opemiDg costs cbtqeablc to each co11l1'8diD.S govemment will be a:meaatd on a yearly basis. Sw:b aunllal charges sbalI be based 00 police and CDlC'IPCY medical dispatch &e1'Yiee.s by the number oflolal calls and for fire di:;patc:h ~ it will be ba&ed upon ~ responses. A.ctua118dio e,x".b1UlgJ'!9 may be usecl as pan oftba cri1eria for charge$. A radio exchange is 0l1e OJ mon: tramtmissions between tht! dispatcher IlIId a unit of a pi\ltieipating department. involving a _Ie topic. a single paI1idpuiDg dapatuneat and a relatively short period of1ia1c, lIS may be iUrl:hm'dl:fincd tom ~ to time. A tBnsD1i~oMn is om: contDmO\1S and unintmuptecl message fa or from the dispatcher. Amlua1ly. thefB will be an individual. cost aoalyiD.s _ agreement with each con1l'aCtiDg eI1tity as to the IQII01D1t of the amwal charges. ARTICLE VIII. DEFAULT INPElU'ORMANCE In the ovent an.)' CODUaI:tiDg entity fails to pay its abate of the operating GOStS when due. the Town of Vail sball cause written DOtice to be given to the defaulting conU'aCtiDg entity's legislative body or otbCr aulhority tbat approved this A~ Ofds iDtImtiOJl to 1mIJiDab: said Agmamcmt as to SllOh CDJ11ZIIeting entity bl default mdess such default is cured within thirty (30) days from the dstc of sud1 DOUce. UpOD failure to cure said dId'at1lt within the said thiny (30) day period, tbjs Agseement sball be temIiaated as to the defaultmg ~g entity cmly wbich sbalI thereafter be deaied conunUDicaUon Q;lQter $U'Vicz by the Town of VaiL Upon the Town of Vail's default of any of its obligatiollS to operate aud _inwn the comJW1I!iC".Jd:ion ctm1:a lIS required by this Agn!e:QHmt. any contl'8Cting enlity may give written notice of such default to the To~ of V aU. which sbaIl CUR: such defaull within tbiJtv (30) days. Tbjs article is not intrmdM to limit the risbt of any parIy UDd~ this Agm:mc;nt to pmsue any or all o1ht:r rmnalies it may have for 1m:ach oftbis Agreement. 4 UCt-IO-'UU~ UD:Uaam rrum- AItnCLE IX - FJITl1lre CONTRAC;TS B rE TO~ OF VAIL FOa COMMUNlCA TrONS ~BR.VICES It is agreed by and between the parties that the Town oeVall may be in a position to fumish radio cofl'munications services to other political SllbdiYisioDs and. in this regard. me contracI:b:sg eJUities and the ToWll of Vail hereby expressly aern and consent tbat such other conUaCts between the Tovm of Vail and other political subdivisiom sbaJ1 be on the same tenDS and coaditioDS as this Agreement. including the JOImuIa used for anmial cost calcuIation, as wen as any other tams and Cfty\ditlOllli thal the Town of Vail may deem. appropriate which are not inconsistent with this Agreemem, do DOt lessen the setVice to, or im:nlase the d1arges dUB from. the other contrae'ting entities. ARTICLE X -DURATION OF AOR~ A. The duration of this Agreement shall be for a minimum period oftbree yeatS nom its effeclive date. N~ the foregoiag. the conuaetual obligation oflho parties to this Agreement sball be subject to the 8DIlDal apptI)priations as required by Artiele X. Section 20 of the Constitution of the State of CoImado. {f a contracting entity shall desiIe to terminate this Agteemcni, it shall give: 'W1i.ttcA notice to 1I'1e Town of Vail of its ~tion Oto le11Dinatc the same as of the date of eqUation of the aru:mal term taer~f;. and 'UpOD fiillure so to give such notice to the Town of Van. tbm as to such c:ont:taetin8 entity not exercising its right to temrioate. this Agreement shall eontiJme fOJ' its initial t1uee year reno md thQ.~ on a year to year basis, indefinitely nmiI such contracting entity sbaU rotercise its right to terminate this Agreement by written nOtice to the ToWII of Vail of its intention so to teIminate. The written notice shall be given a minimum ofDinety (90) days prior to the Ilext succced~ 8IJ:Dive.n;ary date bereofwben such ccmtraeti11g entity might duly tmminate tbe same as afonsaicl TemlilllUioll oftbis A.gteement by a contracting entity shall be effected by filing with the Town of van a notice acknowledging that this Agreemmt. as it then clCilits, bas been duly teIminatcd by the due . ICSOlution of the legisladve body or other appruoriate autboritv of such contrac1in! emtity !Illl desiring to termiJJate the same _d such notice sball be dl11y signed by the presiding officer of said legislative body or the chief executive officer of S'I1Ch contracting eatity. B. The: Town of V ail agrees to provide the services that are the subject of this Agreement for as long as the contraetiDg entitia; desire the same to be provided. unless the 5 ~~.-,v-~uw~ wv.uvam Ilwm DW of coll1l'aeting anti1ies desirous of such services ueed so as to make it ecollomica1ly DOt feasible 10 continue tIm operation oflbt comnIDllications center in the judgment and sole diSC1elion oftbe Tow.n of Veil. Tfllmiaa1ion by the Town of Vail sha1J be subject to the pmvisiom; ofSec:tiOD A ofdUs Artie1e. ARl1CJ.R XI - UF$C11VE DATH This Agreemcm shall become etrective upon the execution bmmfby all of the duly ~orizecl sigaatories ofthG pu1icls. aut io.tht ~CIlt that an of1he parties id(l!nt:ifl~ intbis A.greeInmIt shall not have signed tbis Agreemens on or bet.- July 1. 1998. tbmumd in that event: this Agreement shan be effecti'Ve and bIndhI8 upon those parties who are sigpatories On or before saiel date. .As to anyeptity which sba1l not have beoome a signatOIy to this A.greement on or bcfbR said date. !mY p1Rbase by said mttity of dae communications center services shall be SI.lbject to the provisions of Article IX oftbis Agreemeat. ARl1CT~E XII . SI!VlmABn.ITY CLAUS6 [f any pro'Visicm of the Agreement or the appIica1ion thereof to any party or cin:umstaoce is held invalid, such ia.va1idity sbaU not affect othet pJOvbions 01 applic&l:iDns of the Agn:mnent . which c:m be rjven e1'l"=t witbout the mvaUd provision OJ" application, mtd to tlUs enel the provisions of the Agreement an: decIaml to be sevQ8ble. ARTICLR 'XIlI . EXECImON This .Apeement may be exewtal in COU4tetpart8. Bxceuticm oftbis Agreement by fewer than all pardes mall be gGVCl'md by Ardcle XI. IN WI'INESS HBREOP. Cho parties hereto, acdI1g under autbmity of their ICSpedive govcmiDg bodi=s, .have caused this AgJammt tal ~ executed tho day aud year fiI8t above w.riucll. TOWN OF VAIL By: t;r/{ J~. RoJBt W. McLaurin Its; Town Manager AttA~~' A)~ -(ore~ Donaldson, Town Clerk :;. I; UIi ~-III-'\I\lJ \Ill; \lIIl\IIJ r IlIlIr EA COUN'!V ~- WESTERN EAGLE COUNTY AMBULANCE DISTRICT By: Auest ". lIS: TOWN OF EAGLE By: AlIe:5t: Its: GYPSUM FIRE PR0TEC110N DISTIUCT . By: AtteSt: Its: GREATER EAGLE FIRE PROTECTION DISTRICT By: Ane:st: Its: TOWN OF MINTURN By; Attest: Its: ....M.. - MINTURN FIRE DISTRICT By; Attest;. Its: 7 Oct-15-ZDD~ D8:UYam ~rom- EAGLE COUNTY By: Attest: Its: . WESTERN EAGLB COUNrY AMBUlANCEDISTlUCT By:1f.ztij~. ~~- .-_aOOg....,~ Its: r~1~~~ TOWN OF EAGLE By: Attest: Its: GYPSUM FIRE pR.OmC110N DISTRICT By: Its; AtteSt GREATER EAGLE FIlUi PROTECTION DISTRJCT By: AttesI:: Its; TOWN OF MlNTURN By: Attest: 1m: ,,-- MINTURN FIRE DISnuCT By:_ Attest: Its: 7 I-~.G r.UI~'U'9 J v~v Oct-l~-ZOOB OB:U9am ~rom- EAGLE COUNTY .~. By: Its: Anest: WESTERN EAOLE COUNTY AMBULANCE DISTRICT By: lts: Attest: Attc:st:~--, JLc- .-l?z122:}~ GYPSUM FIRE PROTECTION DISTRICT . By; Its: AUest: . P .. -- QREAmR EAGLE FIRE PROTECTION D1STRlCT By; ItS: Attest; TOWN OF MlN11.JRN By:_ hll: Attest: ~. MINTURN F1RE DISTRJCT By; Its: Attest: ? . ..9 .. V . ...... V I W UCt-l0-'UU4 u~:u~am rrum- ..... EAGLE COUNTY By: . lis: Aaest: WEBT'SDN EAGLE COUNTY AMBULANCE DISTRICT By: Jl$: Atle8t: TOWN OF -eAGLE By: A'ltat: Its: ..GYPSUM FIRE PROTEcnON DISTRIcr X By:"~ J-~~.Jt. -~;uA: IJZ-'!Olt-- , ' . ~ "'1:).;' ., ' . Go /cJo8d.. l{$l, ~,-..,""""" . '/ c GRJiATER.BAGLE FIRE PR0TEC110N DISTRICT By: Atb:$t; Its: TOWN Of MlNTIJRN By: Attest: J'II! i. 4 .~ ~.".. - '."9 .. V,",, .. I" ,...... . I , i .! -,- .'. oct-ID-~UU~ u~:u~am ~rom- .....:;;.- EAGLE COUNTY By: Attest; Its: WESTER.N EAGLE COUNTY AMBULANCE DJSTRlCT By: Attest: Its: TOWN OF iAGLS By: Attest Irs: GYPSTJM FIRE PROTECTION DISTRlCT ..By; . Its; Attest: GREATER EAGLE FIRE PROTECTION DISTRJCT B>7.! ~.. ~ ~~ Its: /!Af~f..J,J;-/'~ r,(). , TOWN OF MIN1tJRN By: Its; Attest: ~ MINTURN FIRE DISTRIct By: Attest: Its: ., I ...9 I. V, VI .., I" I .wow U~l-I~-'UU~ Ug;IUijID rrum- .~ EAGLE (.'OVNTY liy;_ Altest: --'--'- -- 115:___ --.,.-----...- ..-- WESntR,N r~oJ.l~ COIJN'ry AMUI ".ANCI~ UISTR,JCT Oy: -,..... AlIC'5t; H!l: '--n'.,...__ . .. ,- ..--....- ,. TOWN Or- EAGLE Jts:_. lJJ':_.__.___.__..__. I\UI;"8t:. "_ ._.. ____._ '.. .......---...-. ---...~_.... OYI'SlIl\f FIRE f-'ltOTEt::'T'ON UI:\'l'.RI(T lis:. Ry;__...____-:...____._____._ ... AUc!.l:_.. ..__.~_...____._ _'___ GJU::Al'ER EA(jU~ FIRE r'ROTECTJON rJlSTlUf' r lJy:_ Allesl:______________ lis: TOWN I)f'MINTURN MY'~~._ 'Ill: 7?(6P~ .1!!~fII.~V: _._ -. . . . . ~#. : 6r:::'-;;:~~~ ;tA i:---~ ..... '/\." .....;....;. I ...; . "(:, ~'. ~/ ,.:.. "',- '"..~~...I... I!." =",'" : '.'..," ~~ ..~ '-. ';:;':~I ~.tf::?' ..........."...... MfNnrRN f'fllfi DISTRICT M-/\.z:(:/~ 'J 1,,110 ~-I\,J-"UUil UQ. I U<lDl r 11111I- '..:&.i' \:~J TOWN OF AVON /~ . - ~/ 7 By: Or ~ Q. .~ q,. ...., 4-... """""/); k.tft., ~".~7<./' . Mayor Its: BAGLE COUNTY HEALTH SERVICE DISTRICT By: Its: Anest ,:WiopB/t.1IP ~.... 8 u~~-tg-,UU~ UGilUdm rlumr . . TOWN OF AVON By: Its; Anest: EAGLE COUNTY HEAL'lH SERVICE DISTRICT BY:~P'JI7.q"1w6'V L?~ Its: ------P ~ F\diopI!;llIlf Attest; 8. /{ .~ ~A... .~- U~\-,g-,UU~ uv,lu~m rlUffir . . .....;;J .'~1 TOWN OF AVON By: bs: Au.r: EAOLE COUNTY HEALTH SERVICE DISTlUCT . - By: 111: Atteat: US;l~CJ By: - h . ADoot Its:~~L~~c:.!~)~ ..;.' . ,........ 8