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HomeMy WebLinkAboutResolution 2008-073A N.C.S. 05/05/2008Resolution No. 2008-073A N.C.S. of the City of Petaluma, California AUTHORIZING CITY MANAGER TO EXECUTE A COOPERATIVE FUNDING AGREEMENT WITH THE SONOMA COUNTY WATER AGENCY FOR FUNDING AND ADMINISTRATION OF THE CITY OF PETALUMA WATER CONSERVATION PROGRAM FUNDED IN FISCAL YEAR 2007-2008 WHEREAS, Petaluma and the Sonoma County Water Agency (Agency) share the goal of promoting increased water use efficiency; and, WHEREAS, Petaluma and Agency are signatories to the Memorandum of Understanding (MOU) Regarding Urban Water Conservation in California as governed by the California Urban Water Conservation Council (CUWCC); and, WHEREAS, the City of Petaluma has contributed to the Sonoma County Water Agency's Water Conservation Plan (WCP) through the purchase of water from the Agency; and, WHEREAS, Petaluma's share of the funds available in the Agency's Water Conservation Plan is $1,331,083; and, WHEREAS, the City of Petaluma operates an extensive water conservation program with current sustained water savings of 248 acre-feet annually; and, WHEREAS, the City of Petaluma desires to use its share of the funds in the Agency's Water Conservation Plan to fund its water conservation programs; and, WHEREAS, the City of Petaluma and Agency have drafted a Cooperative Agreement for Funding and Administration of the City of Petaluma Water Conservation Program Funded in Fiscal Year 2007/2008 which provides $1,193,828 in direct funding to the City for its water conservation programs, and $137,255 in funding for water conservation programs run by the Agency which benefit Petaluma. . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: 1. The above recitals are true and correct and. hereby declared to be findings of the City Council of~the City of Petaluma. 2. The City Manager is hereby authorized and directed to sign a Cooperative Agreement with the Sonoma County Water Agency for funding and administration of the City of Petaluma water conservation program. funded in Fiscal Year 2007-2008. 3. This Resolution shall become effective immediately. Resolution No. 2008-073A N.C.S. Page 1 4. All portions of this Resolution are severable. Should any individual component of this Resolution be adjudged to be invalid and unenforceable by a body of competent .jurisdiction, then the remaining Resolution portions shall be and continue in full force and effect, except as to those Resolution portions that have been adjudged invalid. The City Council of the City of Petaluma hereby declares that it would have adopted this Resolution and each section, subsection, clause, sentence, phrase and other portion hereof, irrespective of the fact that one or more section subsection, clause sentence, phrase or other portion may be held invalid or unconstitutional. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: AYES: NOES: ABSENT: ABSTAIN ATTEST I hereby certify the foregoing Resolution was introduced and adopted by the Council of the City of Petaluma at a Regular meeting on the 5`~ day of May, 2008, by the following vote: Barrett, Freitas, Harris, Nau, Vice Mayor Babbitt, Mayor Torliatt None O'Brien None c~~- -~ ~------- City Clerk as to City Attorney -~~~ Resolution No. ?008-073A N.C.S. Page 2 ~`~ l~ Cooperative Agreement for Funding and Administration of the City of Petaluma Water Conservation Program Funded in Fiscal fear 2007/200 Resolution No. 2008-073A N.C.S. Page,.3 jd:\\fileserver\data\techw\agremnts\pubint-wo-wated\pelw[prog-07-08.fnd,doc version: 9/7/20082:14:OOPM 'TW 06/07-23 I7RAE,°T COOPERATIVE AGREEMENT FOR FUNDING AND ADMINISTRATION OF THE CITY OF PE'TALUMA WATER CONSERVATION PROGRAM FUNDED IN FISCAL YEAR 2007/2008 This Agreement is between the Sonoma County Water Agency, a body corporate and politic of the State of California (hereinafter "Agency"), and the City of Petaluma (hereinafter "City"). RECITALS A. City and Agency share the goal of promoting increased water use efficiency iri°order to reduce operating costs, avoid or defer capital improvement costs associated with expansion of water supply and wastewater disposal systems, minimize associated environmental impacts, and meet the criteria and standards of state and federal regulatory agencies. B. The Restructured Agreement for Water Supply ("Agreement for Water Supply") authorizes Agency to implement and fund water conservation measures that are cost-effective and will reduce water demands on Agency's water transmission system. C- City and Agency are signatories to the Memorandum of Understanding ("MOU") Regarding Urban Water Conservation in California as governed by the California Urban Water Conservation Council (CUWCC). D. The MOU identifies water conservation Best Management Practices ("BMPs") that achieve long- term reductions in per capita water demand to improve supply reliability, reduce the impact of short-term water shortage conditions, and provide a more accurate basis for future water management planning efforts. E. Agency and City have cooperated to develop, implement, and. fund a water conservation program and City desires Agency's continued assistance in developing and implementing City's water conservation measures as described in Exhibit A, which is an integral part of this Agreement. F. City is requesting a total contribution fi-om Agency of $1,331,083 consisting of funding and in-kind services and materials for implementation and administration of City's water conservation program. G. Funding for City's water conservation program is available from allocation in the category of "Water Conservation Program" (Account No. 675744) within Agency's 2007/2008 budget. H. Additionally, this Agreement includes grant funding pursuant to the California Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Act (Chapter 8 [commencing with Section 79150] of Division 26 of the California Water Code) for Weather-Based Irrigation Controller Programs. I. City, North Marin Water District, City of Rohnert Park, and City of Sonoma, in order to obtain such grant funding, requested Agency to enter into Memorandum of Understanding (hereinafter "MOU") with East Bay Municipal Water Dish•ict ("EBMUD") as sponsor for the Weather-Based Irrigation Controller Program (Agency's "Smart Controller Program"). Resolution No. 2008-073A N.C.S. Page 4 J. Agency and City do mutually desire to cooperate in the implementation and financing of City's water conservation program. AGREEMENT City and Agency agree as follows: 1. RECITALS A. The above recitals are true and correct. 2. DEFINITIONS A. For the purposes of this Agreement the following terms and definitions shall be used: 1. Measures: Components of the Program as identified in Exhibit A. 2. Consultant: Consultant hired to perform water conservation services. 3. Contractor: Licensed contractor hired to perform contractor work. 4. Participants: City-approved water or wastewater customers who apply to participate in individual Measures as described in Exhibit A. 5. Program: Collectively, the water conservation Measures described in Exhibit A and related activities City and Agency have agreed to perform u~ cooperation that may be ftulded by Agency under this Agreement. 6. Agency Representative: Agency staff assigned to perform Agency's responsibilities. 7. City Representative: City staff assigned to perform City's responsibilities.. 8. Regional Pro~am Measures: Water conservation .Measures described in Exhibit A that are implemented regionally by Agency. 9. Agency-run Program: Water conservation Measures described in Exhibit A and implemented for City by Agency. 10. City-run Program: Water conservation Measures described in Exhibit A and implemented by City. 3. COORDINATION A. City shall coordinate work with Agency's Representative. Contact information: A enc Ci Agency Representative: Brian Lee, or assi ned ersonnel City Representative: David Iribarne, or assi ned ersonnel PO Box 11628 202 N. McDowell Blvd. Santa Rosa, CA 95406 Petaluma, CA 94954 Phone: 707-547-1918 Phone:707-778-4591 _ Fax: 707-524-3782 Fax: 707-778-4508 Email: brianl~>>scwa.ca. *ov Email: diribarneC?>ci. etali,i_ma.rt.us CITY'S RESPONSIBILITIES Assist Agency with administration of City-run Program as follows: A. Direction: Provide Agency Representative with requested policy and/or direction during Program. B. Workspace: Provide an ergonomically correct workspace(s) for Agency Representative including a desk, computer, and dedicated telephone. Resolution No. 2008-073A N.C.S. Page 5 C. Meeting Facilities: Provide meeting facilities as necessary. D. Marketing Data: Provide Agency Representative with access to water customer billing data to'be used for marketing various water conservation Measw-es. E. Applicant Review: Review the Agency-submitted list of applicants requesting rebates/incentives to determine if applicant is a qualified Participant to receive a rebate/ incentive. F. Insurance and Indemnification for Contractors: Prior to City's request for payment from Agency for services performed by City's Contractor, City shall require its Contractor to insure and indemnify the Agency using the language identified in Exhibit B and shall provide evidence of such insurance and indemnification to Agency in a form satisfactory to Agency. G. Insurance and Indemnification .for Consultants: If City requests payment from Agency for services performed by City's Consultant, City shall require its Consultant to indemnify, defend and insure Agency to the same extent City requires its other consultants to indemnify, defend, and insure City. H. Quarterly Stahts Reports: Provide Agency Representative with quarterly status reports of all City-run Measures, including,work progress and a complete cost accounting by Measure. . Quarterly status reports shall. be submitted with quarterly invoices. I. CUWCC Online BMP Report: Annually enter BMP data on CUWCC online forms, as required by CUWCC, for City-run Measures and provide Agency with a copy of the BMP report. J. Record Keeping: Maintain complete and accurate records of all transactions in compliance with generally accepted accounting principles for enterprise accounting as promulgated by the American Institute of Certified Public Accountants and the Governmental Accounting Standards Board. Such records shall be available to Agency at all reasonable times for inspection and analysis. 5. AGENCY'S RESPONSIBILITIES A. Coordination: Coordinate, document, and report on the Measures that Agency performs, including management, administration, budget, and follow-up of the Measures described in Exhibit A, and respond to incoming calls from City customers, as needed. B. Collateral Materials: Design and produce Program brochures and applications, as applicable and approved by City. C. Contract Administration: Administer contracts with Consultants and Contractors hired by City or Agency. Review, verify, and forward to City payment requests from Consultants and Contractors and rebates/incentives from Participants. D. Regional Pro rg ams: Administer Regional Program Measures as described in Exhibit A. E. Quarterl~Reports: Prepare quarterly reports summarizing status of Measures completed by Agency and submit the report to City and to Agency's General Manager/Chief Engineer. F. CUWCC Online Reporting: Annually enter BMP data on CUWCC online forms for Agency- run Measures. FUNDING A. Maximum Obli ag_ lion: Agency's maximum obligation of services and ftmding under this Agreement shall not exceed $1,331,083, and is estimated to be appropriated as follows: Resolution No. 2008-073A N.C.S. Page 6 1. Agency-ram Measures: Estimated value of services and materials provided by Agency: $137,255. 2. Cite/-run Measures: Balance of available funding that may be paid directly to City for City-run Measures: $1,193,828. Direct payment will be made as follows: a. Payment in Advance: Upon execution of this Agreement, City shall invoice Agency with an invoice clearly marked with "City of Petaluma Funding and Administration of Water Conservation Program Funded in Fiscal Year 2007/2008, Project/Task No. 7156-15 and Accowlt No. 675744-7247." Upon receipt of the invoice Agency will remit to City $1,193,828. B. Grant Funds for Weather-Based Irrigation Controller Pro rg am: 1. Agency shall have no obligation to provide funding for the Weather-Based Irrigation Controller Program under this Agreement except to the extent Agency directly receives or is able to provide grant funding from. EBMUD. City's right to receive grant funds for the Weather-Based Irrigation Controller Program under this Agreement are expressly limited to a maximum of $74,528 received from EBMUD. 2. City shall invoice Agency quarterly for reimbursement of expenses incurred by City for the Weather-Based Irrigation Controller Program. Invoices submitted to Agency by City f~ shall include a complete cost accounting pursuant to Exhibit B, and be clearly marked with "City of Petaluma, Funding of Water Conservation Program Funded in Fiscal Year 2007/2008, Project/Task No. 7156-15, and Account No. 675108-7247." Upon receipt, review, and approval of each invoice, Agency will invoice EBMUD foi• the grant funds and reimburse City for its costs as authorized herein, and itemized in said invoice(s) when reimbursement funds have been received from EBMUD. 3. Funds will be distributed to, City, North Marin Water District, City of Rohnert Park, and City of Sonoma on a first come-first served basis until depletion of funding. Agency is not obligated to provide a minimum allocation of funds to City, North Marin Water District, City of Rohnert Park, or City of Sonoma. ADDITIONAL REQUIREMENTS A. Authority to Amend Agreement: Changes to the Agreement may be authorized only by written amendment to this Agreement, signed by both parties. Agency's General Manager/Chief Engineer and City's City Manager are authorized to amend the Agreement provided amendments do not cumulatively increase the total cost to Agency by more than $25,000 and do not substantially change the scope of work. B. No Waiver of Breach: The waiver by Agency of any breach of any term or promise contained in this Agreement shall not be deemed to be a waiver of such term or promise or any subsequent breach of the same or any other term or promise contained in this Agreement. C. Construction: To the fullest extent allowed by law, the provisions of this Agreement shall be construed and given effect in a manner that avoids any violation of statute, ordinance, regulation, or law. The parties covenant and agree that in the event that any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. City and Agency acknowledge that they have each contributed to the making of this Agreement and that, in the event of a dispute over the interpretation of this Agreement, the language of the Agreement will not be construed against one party in favor of the other. Resolution No. 2008-073A N.C.S. Page 7 City and Agency acknowledge that they have each had an adequate opportunity to consult with counsel in the negotiation and preparation of this Agreement. D. No Third-Par Beneficiaries: Nothing contained in this Agreement shall be construed to create and thhe parties do not intend to create any rights in third parties. E. Applicable Law and Forum: This Agreement shall be construed and interpreted according to the substantive law of California excluding the law of conflicts. Any action to enforce the terms of this Agreement or for the breach thereof shall be brought and tried in the County of Sonoma. F. Captions: The captions in this Agreement are solely for convenience of reference. They are not a part of this Agreement and shall have no effect on its construction or interpretation. G. Mer er: This writing is intended both as the final expression of the Agreement between the parties hereto with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement, pursuant to Code of Civil Procedure Section 1856. No modification of this Agreement shall be effective unless and until such modification is evidenced by a writing signed by both parties. 8. MUTUAL INDEMNIFICATION A. Each party shall defend, indemnify, hold harmless, and release the other, its officers, agents, and employees, from and against any and all actions, claims, damages, liabilities, or expenses that may be asserted by any person or entity, including the parties, arising out of or in connection with the negligent performance or willful misconduct of the indemnifying party arising out of or in connection with this Agreement; provided, however, that a party shall not be entitled to indemnification under this section for any actions, claims, damages, liabilities, or expenses arising out of that party's gross negligence or willful misconduct. ' This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for City or its agents under workers' compensation acts, disability benefits acts, or other employee benefit acts. TERM OF AGREEMENT A. This Agreement shall remain in effect until depletion of available funds as specified in the Agreement and detailed in Exhibit A, unless terminated earlier in accordance with the terms herein. 10. TERMINATION OF AGREEMENT A. 'T'his Agreement may be terminated by either party for any reason upon thirty calendar days' written notice. Agency's right to terminate may be exercised by Agency's General Manager/Chief Engineer. Resolution No. 2008-073A N.C.S. Page 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as set forth below. City of Petaluma Reviewed as to substance:. Department Head Reviewed as to funds: Administrative Services Director Reviewed as to form: Sonoma County Water Agency. Reviewed as to substance: Agency's Department Head Reviewed as to funds: Agency's Division Manager -Administrative Services Reviewed as to form: City Attorney County Counsel Approved as to form: Risk Manager City of Petaluma Sonoma County Water Agency By: BY~ City Manager Chair, Board of Directors Date: Attest: City Clerk Date: Attest: Clerk of the Board of Directors Resolution No. 2008-073A N.C.S. Page 9 EXI3IBIT A Water Conservation Program .Summary Agency-Run Measures to be Funded under Paragraph 6.A.1 of this Agreement Measure 1 • Regional Residential and Commercial Clothes Washer Rebate Program Residential Project Task Number = 7156-6 Commercial Project Task Number = 7156-9 Residential Clothes Washer Rebate Program Measure (BMP 6). Agency will coordinate Measure with the rebate program Contractor. Agency will send list of applicants to City for approval/denial. Agency will coordinate rebates paid with Proposition 50 grant funds. 2. Commercial Clothes Washer Rebate Program Measure (BMP 9). Agency willscoordinate with California Public Utilities Commission (CPUC) and its Consultant which will market and implement the Measure. Measure 2: Regional Large Landscape Water Use Survey Program (BMP 5) Project Task Number = 7156-5 City will participate in the fgency's Regional Large Landscape Water Use Sut•vey Program Measure. Agency will offer surveys and will perform approximately 401arge landscape water use swveys. T'he large landscape water use survey includes measurement of landscape area, measurement of total irrigable area, irrigation systems check, distribution uniformity analysis, development of irrigation schedules and Participant survey report. Agency will provide City with a copy of Participant survey reports. Measure 3• Regional Smart Irrigation Controller Rebate Program Project Task Number = 7156-5 City will participate in the Agency's Regional Smart Irrigation Controller Rebate Program Measure. Agency will offer rebates for Smart Irrigation Corrtrollers and coordinate with East Bay Municipal Utilities District and its Consultant, which will manage and implement the California Department of Water Resources grant program and funding. Agency will invoice EBMUD for reimbw'sement from grant on behalf of City. Measure 4: Regional Restaurant Spray Valve Program (BMP 9) Project Task Number = 7156-9 City will participate in the Agency's Regional Restaurant I're-Rinse Spray Valve Program Measure. Agency will coordinate program with California Urban Water Conservation Council (CUWCC) and its Contractor, which will install pre-rinse spray valves at approximately 20 sites in City service area. Agency will pay CUWCC an estimated $50 per spray valve. Resolution No. 2008-073A N.C.S. Page 10 Measure 5• Regional Commercial Water Use Assessment Program {BMP 9) Project Task Number = 71.56-9 City will participate in Agency's Regional Commercial Water Use Assessment Program Measure. Agency will market and coordinate the assessments with Consultants, resulting in an evaluation of all. water-using apparatus and processes and a Participant report identifying recommended efficiency measures and their expected payback period. Agency will provide City with a copy of Participant reports. Measure 6• Regional Grant-Funded End-Use Study Grant Program Project Task Number =7156-1 City will participate in Agency's Regional Grant-Funded End-Use Study Grant Program Measure. Agency will coordinate program with Consultant. Program will study Hater usage of 15 residential Participants in City's service area. City will provide necessary Participant data for statistical use. City-Run Measures to be Funded under Paragraph 6.A.2 ofthis Agreement Residential Water Survey Program Measure (BMl' 1) Project Task Number = 7156-15 City will implement an in-house WaterWise HouseCall Program Measure. City will perform a site evaluation of residential indoor and outdoor water-using fixtures and provide a report with a list of water savings recommendations to Participants. City Owned Facilities -Irrigation System Efficiency Improvements (BMP 5) Project Task Number = 7156-15 City will evaluate all City-owned parks and facilities for water efficiency and retrofit or upgrade as necessary to achieve cost-effective water savings. Upgrades may include irrigation system repairs, turf removal, installation of Smart irrigation. controllers, fixture upgrades, and other water conservation practices. City Water Conservation Plan Program Measure City will implement programs under the City's Water Conservation Plan. Program measures may include, but are not limited to, the following: L High Efficiency Toilet (HET Rebate Program Measure BMP'14 Project Task Number = 7156-15 City will offer a rebate for the installation of HETs for Participants. Rebate amount will be determined by City. 2. Smart Irrigation Controller Installation Program Measure (BMP 5) Project Task Number = 7156-15 City will select and hire Contractor to distribute and install Smart Irrigation Controllers at potable water Participant properties in coordination with the Agency's Regional Smart Controller Grant Program Measure. City will provide Participant data to Agency for statistical purposes as required by grant. 3. Water Conservation Public Ouri•each Program Measure (BMP 7) Resolution No. 2008-073A N.C.S. Pagel l Project Task Number = 7156-15 City will promote water conservation through City's website, media, events, and preseiitafioiis. 4. Plumbing Retrofit Giveaway (BMP 2) Project Task Number = 7156-15 City will provide water-efficient fixtures to single-family residence and multi-family residence accounts. 5. CII Incentive Rebates (BMP 9) Project Task Number = 7156-15 City will provide incentives for CII customers to implement water efficient measures as described in the Agency's Regional Commercial Water Use Assessment Program Measure 5 above. 6. Water Conservation Staffing, (BMP 12) Project Task Number = 7156-15 City will pay the salary of City staff directly responsible for implementvzg the measures of this Agreement 7. Water Efficient Landscape Demonstration Gardens (BMP 5 and 7) Project Task Number = 7156-15 ~" City will develop and install water efficient demonstration gardens. 8. Utility Billing System Upgrades City will pay for upgrades to new utility billing software to support accurate and efficient reporting of BMP information. 9. Water Conservation Plan City will develop a comprehensive Water Conservation Plan. The Plan will evaluate and make recommendations on a wide range of water conservation measures using the DSS Model, including new development standards, best management practices, and indoor and outdoor measures. The Plan will be submitted for review and approval by the City Council. 10. Water Conservation Ordinance Iinplernentation (BMP 13) City will perform inspections to implement requirements of new development and landscape standards and other related water conservation measures as specified in the City's Water Conservation Ordinance. Resolution No. 2008-073A N.C.S. Page 12 EXHIBIT B Wording for City's Contractor(s) INDEMNIFICATION Contractor agrees to accept responsibility for loss or damage to any person or entity, including City of Petaluma, and to defend, indemnify, hold harmless, and release City, its officers, agents, and employees, from and against any actions, claims, damages, liabilities, disabilities, or expenses, that may be asserted by any person or entity, including Contractor, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor hereunder, whether or not there is concurrent negligence on City's part, but, to the extent required by law, excluding liability due to City's conduct. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Contractor or its agents under workers' compensation acts, disability benefits acts, or other employee benefit acts. INSURANCE The Contractor shall obtain insurance acceptable to City of Petaluma and Sonoma County Water Agency from a company or companies acceptable to the City and Sonoma County Water Agency. The required documentation of such insurance shall be furnished to the City at the time Contractor returns the executed contract. The proper insurance shall be provided within ten (10) calendar days after the bidder has received the notice that the contract has been awarded and prior to the City executing the contract and issuing a notice to proceed. The Contractor shall not commence work nor shall he allow his employees or subcontractors or anyone to commence work until all insurance required hereunder has been submitted and approved and a notice to proceed has been issued. With respect to performance of work under this contract, Contractor shall maintain and shall require all of its subcontractors to maintain insurance as described below: A. Workers' Compensation Insurance with statutory limits as required by the Labor Code of the State of California. Said policy shall be endorsed with the following specific language: L This policy shall not be canceled or materially changed without first giving thirty (30} days prior written notice to the City of Petaluma and Sonoma County Water Agency. B. Commercial General Liability Insurance covering bodily injury and property damage utilizing an occurrence policy form, in an amount no less than $7,000,000 for each occun•ence. Said commercial general liability insurance policy shall either be endorsed with the following specific language or contain equivalent language in the policy: 1. The City of Petaluma and Sonoma County Water Agency, their officers, agents, and employees, are named as additional insured for all liability arising out of the operations by or on behalf of'the named insured in the performance of this contract. 2. The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverage afforded shall apply as Resolution No. 2008-073A N.C.S. Page 13 though separate policies had been issued. to each insured, but the inclusion of more than one insured shall not operate to increase the limits of the company's liability. 3. The insurance provided herein is primary coverage to the additional insured with respect to any insurance or self-insurance programs maintained by the additional insured. 4. This policy shall not be canceled or materially changed without first giving thirty (30) days prior written notice to the City of Petaluma and Sonoma County Water Agency. C. Automobile Liability Insurance covering bodily injury and property damage in an amount no less than $1,000,000 combined single limit for each occurrence. Said insurance shall include coverage for owned, hired, and non-owned vehicles. Said policy shall be endorsed with the following language: 1. This policy shall not be canceled or materially changed without first giving thirty (30) days prior written notice to the City of Petaluma and Sonoma County Water Agency. "' Resolution No. 2008-073A N.C.S. Page 14