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HomeMy WebLinkAboutResolution 2014-0007CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 07 Series of 2014 TITLE: A RESOLUTION APPROVING AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH THE URBAN DRAINAGE FLOOD CONTROL DISTRICT FOR THE FUNDING OF FUTURE MAPLE GROVE RESERVOIR MAINTENANCE AND IMPROVEMENTS WHEREAS , the City and several adjacent communities including Jefferson County and the City of Lakewood , served by Maple Grove Reservoir , have entered into an Intergovernmental Agreement for Maple Grove Reservoir Dam Spillway Improvements with Urban Drainage Flood Control District, dated July 14 , 1976, as amended on April10 , 1978;and WHEREAS, these entities recognize the need for flood control storage in Maple Grove Reservoir and for the continued need to share responsibility for preserving such flood control storage; and WHEREAS , these entities believe a more efficient use of resources is to utilize the District's current process , where construction funding is provided through a five-year Capital Improvement Plan (CIP) based on each local government's yearly requests and priorities. The entities desire to use the CIP process to fund maintenance and replacement needs of the flood control gates , rather than the annual contribution to a replacement and maintenance fund as required under the original IGA; and WHEREAS, the City's portion of project funds contribution would be 18.75% of the project cost; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge , Colorado , that: Section 1. Agreement Amended . The agreement between the City and the Urban Drainage Flood Control District for IGA No. 13-07 .04: Maple Grove Improvements , is hereby amended and the Mayor and City Clerk are authorized and directed to execute the same . This Resolution shall be effective immediately upon adoption . DONE AND RESOLVED this 13 tt.. day of ~~WL~- ATTEST: AMENDMENT (SECOND) TO rnTERGOVERNMENTALAGREEMENT (Maple Grove Reservoir Improvements) Agreement No. 13-07.04 THlS AGREEMENT, made this day of 2013, by and between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT"); CITY OF WHEAT RIDGE (hereinafter called "WHEAT RIDGE"); the CITY OF LAKEWOOD (hereinafter called "LAKEWOOD"); and JEFFERSON COUNTY (hereinafter called "JEFFERSON"); and collectively known as "PARTIES"; WITNESSETH: WHEREAS, PARTIES have entered into an "Jntergovernmental Agreement for Maple Grove Reservoir Dam Spillway Improvements", dated July 14, 1976, as amended on April 10, 1978 (collectively known as "Original lOA ") see Exhibit 1; and WHEREAS, the Maple Grove Reservoir Dam and spillway improvements identified in Original IGA were completed by July of 1976. WHEREAS, the Consolidated Mutual Water Company continues to own the Maple Grove Reservoir Dam and related improvements; and WHEREAS, PARTIES recognize the need for flood control storage in Maple Grove Reservoir and for the continued need to share responsibility for preserving such flood control storage; and WHEREAS, PARTrES believe a more efficient use of resources is to utilize the District's current process where construction funding is provided through a 5-year Capital Improvement Plan (CIP) based on local government's yearly requests and priorities; and WHEREAS, PARTIES desire to use the CIP process to fund maintenance and replacement needs of the flood control gates, rather than the annual contribution to a replacement fund and maintenance fund as required under Original lOA. NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto agree as follows: 1. Paragraph 2. 40' Fabridam of Original lOA is deleted as the project contemplated under Original IGA is complete. 2. Paragraph 3. Allocation of Cost of Original lOA is deleted, replaced, and renumbered as follows: 2. Allocation of Cost When a PARTY identifies needed improvements or maintenance to the Maple Grove Reservoir, PARTY shall notify the other PARTIES to this Agreement as provided below. If PARTIES to this Agreement determine the improvements or maintenance is necessary, they shall use the District's CIP process and shall divide the costs for maintenance and/or future replacement of the flood control gates in the following original respective amounts: \dcm\agnnnt\13\ 130704 ~ Allocation LAKEWOOD 12 .50% WHEAT RIDGE 18.75% JEFFERSON 18.75% DISTRICT 50.00% PARTIES understand and agree that PARTIES will be required to enter into additional design and/or construction related intergovernmental agreements with more specific details on each project and the funding requirements as they are added to the CTP in the future. At the time of execution of this Agreement, there are no projects for the Maple Grove Reservoir included in the CIP. 3. Paragraph 4. Replacement Fund ofOriginaiiGA is deleted. Any monies currently existing in such fund shall be returned to PARTIES in accordance with the allocation of cost percentages identified in Paragraph 2. Allocation of Cost. 4. Paragraph 5 . Maintenance ofOriginallGA is deleted. Any monies currently existing in such fund shall be returned to the PARTIES in accordance with the allocation of cost percentages identified in Paragraph 2. Allocation of Cost. 5. Paragraph 6. Construction of Original IGA is deleted as the project contemplated under Original lGA is complete. 6. Paragraph 7. ofOriginallGA is renumbered to Paragraph 3. 7. The following Paragraphs 4-17 are added as follows: 4. Contracting Officers and Notices A. The contracting officer for COUNTY shall be the Director of Transportation and Engineering, 100 Jefferson County Parkway , Golden, Colorado 80419. B. The contracting officer for WHEAT RIDGE shall be the Director of Public Works, 7500 West 29th A venue, Wheat Ridge, Colorado 80033 . C. The contracting officer for LAKEWOOD shall be the City Manager, 480 South Allison Parkway, Lakewood, Colorado 80226. D. The contracting officer for DISTRICT shall be the Executive Director, 2480 West 26th A venue, Suite 1568, Denver, Colorado 80211. E. Any notices, demands or other communications required or permitted to be given by any provision of this Agreement shall be given in writing, delivered personally or sent by registered mail , postage prepaid and return receipt requested, addressed to PARTIES at the addresses set forth above or at such other address as either party may hereafter or from time to time designate by written notice to the other party given when personally delivered or mailed, and shall be considered received in the earlier of either the day on which such notice is actually received by the party to whom it is addressed or the third day after such notice is mailed. \dcm\agrmnt\ 13\ 130704 2 5. Amendments This Agreement contains all of the tenns agreed upon by and among PARTIES . Any amendments or modifications to this Agreement shall be in writing and executed by PARTIES hereto to be valid and binding. 6. Severabi lity If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law, such invalid or unenforceable clause or provision shall not affect the validity of the Agreement as a whole and all other clauses or provisions shall be given full fo rce and effect. 7. Applicable Laws This Agreement shal l be governed by and construed in accordance with the laws of the State of Colorado. Jurisdiction for any and aJIIegaJ actions regarding this Agreement shalJ be in the State of Colorado and venue for the same shall lie in the County where PROJECT is located. 8. Assignability No party to this Agreement shall assign or transfer any of its rights or obligations hereunder without the prior written consent of the nonassigning party or parties to this Agreement. 9. Binding Effect The provisions of this Agreement shall bind and shall inure to the benefit of PARTIES hereto and to their re spective successors and pennitted assigns. I 0 . Enforceability PARTIES hereto agree and acknowledge that this Agreement may be enforced in law or in equity, by decree of specific perfonnance or damages, or such other legal or equitable relief as may be available subject to the provisions of the laws of the State of Colorado. 11. Tennination This Agreement may only be tenninated upon mutual agreement of all PARTIES and only upon the cancellation of all contingent, outstanding contracts. All costs associated with the cancellation of the contingent contracts shal l be shared between PARTIES in the same ratio(s) as were their contributions and subject to the maximum amount of each party's contribution as set forth herein . 12 . Employment Status This Agreement shaJJ not change the employment status of any employees of PARTIES. No party shall have the right to control or direct the activities of any employees of another related to this Agreement. 13 . Appropriations Notwithstanding any other tenn, condition, or provision herein, each and every obligation of the PAR TIES s tated in this Agreement is subject to the requirement of a prior appropriation of funds therefore by the appropriate governing body of s uch PARTY. \dcm\agnnn t\1 3\130704 3 I 4. No Third Party Beneficiaries Jt is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shaJJ be strictly reserved to PARTIES, and nothing contained in this Agreement shaJI give or aJlow any such claim or right of action by any other or third person on such Agreement. 1t is the express intention of PARTlES that any person or party other than any one ofPARTIES receiving services or benefits under this Agreement shaJI be deemed to be an incidental beneficiary only. 15. Govemmentallmmunities PARTIES hereto intend that nothing herein shall be deemed or construed as a waiver by either PARTY of any rights, limitations, or protections afforded to them under the Colorado Govemmental lmmunity Act (Section 24-10-1-1, C.R.S., et seq.) as now or hereafter amended or otherwise available at law or equity . 16. Intent of AgTeement Except as otherw ise stated herein, thi s Agreement is intended to describe the right s and responsibilities of and between the PARTIES and is not intended to and shall not be deemed to confer ri ghts upon any person or entities not named as PART IES, nor to limit in any way the powers and responsibilities of the PARTIES or any other entity not a party hereto. 17. Execution in Counterparts This Agreement shall be executed by PARTIES in counterparts and only upon execution of the responsible counterparts by everyone listed herein shall this Agreement be treated as executed by PARTTES. 8. All other term s and conditions oflntergovemmental Agreement, as previously amended, shall remain in full force and effect. WHEREFORE, PARTIES hereto have caused this instrument to be executed by properly authorized signato.ries as of the date and year first above written. (SEAL ) ATTEST: \dcm\agnnnt\ 13\130704 4 URBAN DRAINAGE AND FLOOD CONTROL DlSTRJCT By ________________________ __ Title Executive Director Date. __________________________ ____ (SEAL) ATTEST: \dcm\agrmnt\ 131 l 30704 5 ,. (SEAL) ATTEST: Date ____________ _ Margy Greer, City Clerk APPROVED AS TO FORM: Tim Cox, City Attorney APPROVED AS TO CONTENT: Jay N. Hutchi son , Director of Public Works Larry Dorr, Director of Finance \dcm\agrmnt\13\ 130704 6 (SEAL) ATTEST: By: Deputy Clerk APPROVED AS TO FORM: Assistant County Attorney \dcm\egrmnt\ I 3\ I 30704 7 JEFFERSON COUNTY By:------------ Title: Donald Rosier, Chairman Board of County Commissioners Date. ____________ _ .· .• . EXHIBIT 1 AMEN()o!ENT to INTERGOVERNMENTAL AGREEMENT (Maple Grove Reservoir l~rovements) THIS AK£.NOMt:IH, made and entered Into this ju"'lA day of ~J 197~ by and among' the URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called'tllSTRICT"); the CITY OF WHEAT RIDGE (hereinafter called "WHEAT RIDGE"); the CITY OF LAKEWOOD (hereinafter called "LAKEWOOD ''); and the COUNTY OF JEFFERSON (hereinafter called "JEFFERSON"); WITNESSETH: WHEREAS, DISTRICT, WHEAT RIDGE, LAKEWOOD, and JEFFERSON entered into an agreement dated July 14, 197a, concerning 1~rovements to the Maple Grove Reservoir Dam, under which the parties to this Amendment agreed to contr i bute $66,000 toward the cost of making improvements to the spillway of the dam, said amount being the esti mated excess of the cost of sp i llway improvements at said dam desired by the parties to this Amendment over costs necessarily to be :.: incurred by the Consolidated Mutual Water Colfllany, owners of the Dam, in :-:) j · ,, n complying with directions i ssued by the Colorado Divis i on of Water Resourees · 0, requiring changes fn the spillway; and :·~ ' : WHEREAS, i mp rovements to the Maple Grove Reservoir Dam and sp11~~~ \J ; have nOot been cOifllleted to the satisfact i on of the Colorado Division o ·· -~ Resources, and In accordance with final des i gn criteria approved by the -J to this Amendment; and WHEREAS, the actual costs of all Improvements are now known, and the engineer in charge of the work ha ·s determined that the cost of spillway improvements made on behalf of the parties to this Amendment is $85,137.~9 more than Consolidated Mutual Water CompanY would have had to spend to comply with the directions of the Colorado Division of Hater Resources, as cof!1)ar~d to the original estimate of $66,000; and I WH£~EAS, the parties to this Amendment have agreed to share the originally estimated cost of spillway irrprovements of S66,000 made on behalf of same fn accordance with the following allocations: •. :. Party Lakewood Wheat Ridge Jefferson District - 2 - Allocated Share 12:.1/2% 18-3/4% 18-3/41 50S lOOS NOW, THEREFORE, in consideration of the mutual pronrlses set forth 1n the agreement between the parties, dated July 14. 1976 and the conditions therein set forth, the parties hereby agree to amend Jtem 3, ALLOCATION OF COST of said agreement as follows: ALLOCATION OF COST: 3. LAKEWOOD, WHEAT RIDGE, and JEFFERSON shall grant, contribute, and p~ over to the OISTRlCT for the purpose set forth above, respective amounts not to exceed the following: Party lakewood Wheat Ridge Jefferson Allocation 12-1/21 18-3/4S 18-3/41 Maxiaum Contr1butfon $8,2i9 $10,642.19 'l2,i1i $15,963.28 •la,a1i $15,963.28 The DISTRICT shall, in addition to comp leting the project set forth above, contribute fifty (50%) percent of the total cost not to exceed lh•~~-Th~ee lheiiSIIHI-Uaa,eeer99l-9eHa"' Forty Two Tho usand Ff ve Hundred Shty-ei ght Dollars and Seventy-four cents ($42,568.74). All other terms and conditions of the July 14, 1976 agreement shall remain In full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this Amendment the day. ~th, and year first above written. (SEAL) THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT ~ /J~ ~~d~)~ ~~J By £r..tt:'t-1--- Title 5 ~,,;te., .. u ... ~ Date &.J:/a/13 (SEAL) ATTEST: ctif"M);:! ~ (SEAL) ATTEST : APPROVED AS TO FORM : ~~ APPROVED AS TO CONTENT : v ••• ~~ - 3 - JEFFERSON COUNTY CITY OF LAKDtOOD Date ~ .,{ / f ?.P fUNDS 1\\',\iL.'.::LE J-CJ Ft.'::.--.~ I '. i' ' ... · ··;: -.. - CITY OF' WHEAT RJOGE (SEAL) ATTEST: ~~ Date 3-;> # -7 8 '· ( ( Ct7f1 lNTF.IlGOVERNMENTl\f, 1\GRI·:ENENT (M uple Grove Reservoir Improvemen ts ) TillS 1\GRC::EMENT, rnadc nnd entered into ,this !ll fb day of ~~; , 1976, by and among the URDI\N ORI\INI\GE AND [·'LOOD CO ,lTHOL DIS'_r;RICT (hoccinaftcr called "DIS'l'RICT"); the CI'l'Y OF \'IHEAT RIDGE (hereinafter called "WIIT::l\T RIDGE"); the CITY OF LAKm·fOOD (hereina.fter called "L1\KENOOD") ; i'lnd the COUNTY OF JEFFERSON (hereinafter called "JEFFERSON"); \H'fNESSETH: HIJEREAS, Naple Grove Reservoir was constructed by the Con- soljdated fo1uLual Nater conw<1ny in 1955 as a water supply reservoir; and \~IEREI\S, Maple Grove Reservoir now provides substantial down- strcilm protection during storms of 100-year frequency or less by rcJucing 100-year pc~k !lows !rom approximately 3,830 cfs to appro- ximately 1,490 cfs; and 1-litCM/\S, the Consolidated Mutual \•Tater Company, ow!let· of toiaple Grove Reservoir, was directed by Lhc Colorado Division of Wa~er ~ Resources to upgrade the spillway Lo pass the Standard Proj~ct Flood estimi'lted to approximnte 13,900 cfs, as determined by the U.S. co/ps or Engjnners; and \'IIIEil l::l\S , Consoli~la ted Mutuill Water Company, in OL'de>r t:o mce t Lhe requirements of the Colorado Division or Water Resourc~s pl~ns to cnlorl)e Lhc 1-laplc Grove Reservoir Dal':l spi lll~ay to pass the Stand.1r~ Project Flood ~nd the mo&t cconomic~l soluti~l to ConsolJd~Lod would increase Lhc 100-year flow potential from ~\e reRcrvoir spillway from ~pproxim~taly 1,490 cfs to ap~ro~imntcly 2,~70 crs; and \'/lll~lli~T\S, such incrcD.ses in r;pill1•ay outflo'" '"ould <~<J<Jr.1vt1LC the· already scrio~s downuLrcam flooclin<J problem; .lnd \WERCJ\S, lhe Distl'ict desires Lo&~spil·liM}' ouL( lo1•n from <~pproxi~ntcly 2,470 cfs Lo ~pproximntely 1,700 cfs in view of its ilo•.mntrca•n ch.nl•lc,l improvement clcGign .in i\ccor<.l<lnce '"j th l:hC! hylll'O<J I'apll cont.:ainc<l in the J,cn.1 G11lch Dr;dno'l9C Stu<ly diltccl .Tunc-, .. .. I . ( HIIERE1\S, "-tii':J\T RIDGE, Ll\KENOOD and JEFf'ERSON have indiccJtcd their interest ln particip~ting in tha cost that the DISTRICT will incur in order to achieve the desired 100-yoar spillway outflow of approximately l,'lOO cfs7 and tmEREAS, COtJSOLI OJ\ TED t-lUTUAL has agreed to p!!rmi t DI S'l'RICT to construct a Forty Foot (40') fabrid~m in addition to CONSOLtOJ\TED's Thirty Foot (30') fabridam and to permit DISTRICT to own such fabri- dam, all as is set forth in an hgreement belwecn DISTRICT and CONSOLIDATED, a copy of \olhich is attached hereto as EXHIBIT "A"; and NOl-l, 'J'IIER£FORE, in consideration of the mutual promises con- taincd herein, the Parties agree as follows: PURPOSE: 1. The purpose of the improvements set forth herein and the expenditure of public moneys is to provide do1mstream protection from ~laple Grove Reservoir Dam during storms of 100-year frequency or less. 40' FJ\BRIDJ\M 2. The lolaple Grove Re-servoir Dam and SP.i1ll~ay Project shall include the construction of one thirty (30') foot fabridam to be 01med by CONSOLIOJ\TED MUTUAL HATER COI·IPJ\NY and one forty ( 40 ') foot !:abridam to be 01med by DISTRICT, including all design and other necessary 1·1ork for such construction. The object and purpose of .such construction sholl be to reduce the m~ximum spillway outflow for the 100-year storm to approximately 1,700 cfs.· Such outflow will be fur~1er reduced, if reasonably possible, during the final design phasa. ~LLOCJ\TION OF COST : 3, Ll\KENOOD, \-111£1\T RIDGE and JEFrERSON shall grant, contri- butc, and pay over to the DISTRICT for the purpose set !orlh ~bove, respective amounts not to exceed the follo1o~ing: l'ilrty 1\llocation Maximum Contril>utiolt Lilke\\IOOd 12-1/2\ 8,250 Hhent Ridge •' . . 18-3/.U 12,375 Jcfforaon 18-3/4\ 12. 375 -2- The DISTRICT shall, in Ddcli tion to completing the project set forth above, contribute fifty (SO\) per cen~ of the total cost not to exceed Thirty-three Thous.and ($33, 000. 00) Dollars . RI::PLI\CEI·U::NT FUND: 4'. LI\KEI~OOD, IWEI\T RIDGE and Jl"t'FERSON shall gr"nt, conLri- bute, and pay over to DISTRICT on an annual basis for the purpose of establishing a "Replacement Fund" for the eventual replacement of the 40 foot fabridam and appurtenances which are t:o be 01med by DISTRICT, the following respective Dmounls: 1\llocalion 1\nnual Contribution 12-1/2\ $ 665 Parly Lake~o~ood \l'hea t Ridge Jefferson 99 7. 50 997.50 $2 ,660 .00 DIS'l'RICT shall contribute fifty (SOt) per cent of the annual 18-3/4\ 18-3/4\ Replacement Fund cost. DlSTRJCT's annual contribution for this pur- pose shall be T\.10 Thousand Six llundrcd and Sixt.y ($2,660.00) Dollars. The funcls thus collected by DISTRICT shall be held in Lhe Replacement Fund established by DISTRICT and shall be used solely and exclusively for the purpose of replacing and/or modifying the 40 foot fabridam to be owned by DISTRICT . DISTRICT shall reques t the respactivc shares for a calendar year from LAKENOOD, 1-IHEAT RIDGE and JEFFEitSON annually no later than !~arch l of that cnlendar year . Such request t:hall be accompanied by an uccounting of Lhe !unds held in the fund. Any and all interest earned by the Replacement Fund shall rcm.Jin in tha Fund and ba used Cor the exclusive purposes as set !orLh above. LI\KE\'1000, lvliEJ\T RIOGE and JF..'FERSON shall remit to DISTRICT '~ithin 60 days of DISTRICT's req ue st their rosooctlye shares as defined abov~. 1-11\INTENJ\NCE: S. LJ\K EI~OO D, NIIJ:I\T RIDGE ill\d JEFl'ERSON ~h"ll grant, cont:ri- buto, And pay over to DISTRICT, on an ilnnual basis , their r eRpcct:ive shilres "of maintenance costs of the 40 root f;~bridam oncl appm:tcnonccs for ench calendar year the 40 root !~bridom is o1med ancl opcr.Jtcd by DIS'l'RIC'r . The almu•\l Jnainlen<mce colits ;~re estimated lo be opp roxl- mi\t!!ly $500.00 per yo,,r as is set rorl:h in F.XIIJU IT "/\". DI!'i'l'Jt1CT -3 - .· ·. ·shall request reimbursement by Milrch 1 !or actuill maintonunce costs paid by DISTRICT to the CONSOLID/\TED MU'fU/\L W/\TEn COI1PANY pursuant to EXIIIDIT "/\" attached hereto , L/\KEWOOD, WIIE/\'r RIDGE D.nd JEfF~IlSON are responsible for the following portions of annuill m,intennnce costs: Party Allocation Estimated Annual Contribution 25\ $125.00 37-l/2\ 187.50 f 37-l/2fl 187.50 dol'S 1 ' . e-l"Je .D $500.00 "'"oP:.. 1-lheat Ridge Jefferson CONSTRUCTION: 6. LA.KEI·700D, 1-IHEAT RIDGE and JEFFERSON shall be committed to payment of their respective shares as set forth in this Agree- ment to the DISTRICT upon execution of this 1\greement. Actual payrnent shall be made to the DISTJliCT upon request of the DISTRICT, but no sooner than the awarding of a firm contract for the comple- tion of t~e previously described project . The DISTRICT agrees to submit a final report to LAI<EI-1000, \·IIIEAT RIDGE and JEFFERSON upon the completion of said sa~ne project \·lhich shall summarize the improvements actually made. 7 . It is mutually agreed by the Parties hereto that this 1\greement shall also constitute notice to any and all parties that the DISTRICT , \-IIIEAT RIDGE, Ll\KEI-1000 ~nd JEPFERSON COUNTY, or any officer, agent, or employee thereof, &hall not be liable for any flood domage that may result !rom rcli«nce on the tarms and condi- tions of this Agreement. IN NITNESS NIIEREOF, the Parties hereto have executed lhis Agreement this tiJ f-~ day of ~ B7G. 'l'IIE UJU3/\N 01\/\IN/\GE /\NO FLOOD CONTnOL DISTJtiCT ( f.J~TtL) ; . • . ... 0 . .. (SEAL) ATTES'.l': c ft:.--r: : .. (SEAL) A'l'TEST: JEFFERSON COUNTY, COLORhOO Date Juno 22 1 1976 ... ,/). 1 . /.1 /~ : . ,( '• I .. .f.; ~ TKE CIT\" OF LAXEtofOOD, COLO MOO (;, tft.uL U. It_.~/ l 71fi¥~ 'l'IIE CITY OP \q}J£1\T RIDGE, COLOltl\00 ....- By '-d. •'-.. ./ .d t,-t. ·t Mayor Title __ ~C~l~t~v~pC~Wb~e&ot~B~i~dg~e~---------- (S£J\L) Dnto.~Ju~ne~L)0~·~1~97~6~----------------- 1\T'J'ESTt -s- APPitOVED AS TO FOruta COUNTY ATTORNEY'S OFFiCE -----:_ ___ _ !l l~~ .. . · I 4 _,_