2013-62 INTERLOCAL AGREEMENT BETWEEN
THE CITY OF CLERMONT AND
THE TOWN OF OAKLAND FOR PROVISION
OF WASTEWATER SERVICES
THIS AGREEMENT is entered into between the CITY OF CLERMONT, FLORIDA (hereafter
referred to as "CLERMONT"), and THE TOWN OF OAKLAND, Florida (hereafter referred to as
"OAKLAND"), pursuant to the "Florida Interlocal Cooperation Act of 1969", section 163 01 Florida
Statutes.
WHEREAS, OAKLAND operates a water utility that serves approximately 1,200 customers,
and
WHEREAS, OAKLAND'S water utility customers presently use septic tanks as a means of
wastewater removal, and
WHEREAS, OAKLAND recognizes that septic tank use is a cause of environmental
pollution, and
WHEREAS, OAKLAND would like to provide wastewater services and implement a
wastewater system within its water utility and thereby provide means to eliminate or reduce the use of
septic tanks for waste removal, and
WHEREAS, as OAKLAND recognizes that septic tank use limits certain opportunities
for commercial development; and
WHEREAS, OAKLAND recognizes the financial constraints of constructing its own
wastewater treatment plant; and
WHEREAS, CLERMONT operates a water and wastewater utility that serves approximately
34,000 customers; and
WHEREAS, CLERMONT owns and operates a wastewater treatment plant (the "Plant")
which has excess capacity sufficient to treat a certain quantity of wastewater from OAKLAND; and
WHEREAS, CLERMONT recognizes that greater utilization of the Plant's excess capacity is
more cost efficient, and
WHEREAS, the acceptance and treatment by CLERMONT of wastewater generated by
customers of OAKLAND'S water utility will be financially beneficial to both CLERMONT and
OAKLAND and will be beneficial to the citizens of OAKLAND and CLERMONT and the public at
large by providing a more environmentally acceptable method of wastewater disposal than that provided
by septic tanks.
NOW THEREFORE, the parties do hereby agree as set forth below:
1. The recitals above are true and correct and are incorporated into this Agreement
as an integral part.
2 Subject to the terms, conditions and limitations of this Agreement and available capacity
at the Plant, CLERMONT shall accept up to 1 2 million gallons per day of OAKLAND'S wastewater
for treatment and disposal at the Plant (the "allotment") Notwithstanding the forgoing, nothing herein
shall act as a reservation of capacity or commitment by CLERMONT to make available the allotment
(or portions thereof) except for the vested allotment amounts as described in section 3, herein The
allotment (or portions thereof) shall be made available to OAKLAND in increments or phases in
accordance with the provisions set forth in Exhibit "A" attached hereto. CLERMONT's acceptance of
wastewater from OAKLAND is subject to the wastewater being in compliance with the quality and
other criteria for wastewater set forth in the Clermont City Code Chapter 66, and any and all
amendments or successor provisions thereto, and as mandated by any and all applicable law and permits
related to CLERMONT's wastewater treatment system.
3 Once any portion of the allotment is in "use" as described herein, the right of
OAKLAND to transmit the quantity of wastewater justified by such use shall be deemed vested in
OAKLAND (the vested allotment amounts). Upon such vesting OAKLAND shall be able to rely on the
continued acceptance by CLERMONT of such quantity of wastewater for the duration of time that
CLERMONT (or any successor) provides wastewater services to residents of CLERMONT. For
purposes of this paragraph, "use" shall be deemed to occur upon the payment by OAKLAND of the
Clermont Reduced Impact Fee (as provided in paragraph 8) for a particular property. The "quantity of
wastewater justified by such use" shall be the average daily wastewater flow attributed to the property
making use of such partial allotment, as set forth in Chapter 4 of the E P.A. Design Manual — Onsite
Wastewater Treatment and Disposal Systems. OCT. 1980 U.S. Environmental Protection Agency,
Office of Water Programs Operations, Office of Research and Development Municipal Research
Laboratory.
4 OAKLAND shall pay to CLERMONT, in the manner specified in paragraph 10 of this
Agreement, the sum of $4 80 per thousand gallons of wastewater accepted by CLERMONT from
OAKLAND for treatment and disposal. This is an "Intergovernmental Wholesale Rate" which is
exclusive to OAKLAND, based on conditions that are unique and specific to OAKLAND The
Intergovernmental Wholesale Rate shall increase on October 1 of each year during the term of this
Agreement commencing October 1, 2015 by such annual automatic adjustment rate as established by
CLERMONT City Council and applicable to all CLERMONT sewer utility customers. Currently the
rate is 1.95% and may be adjusted by future ordinance of CLERMONT The assent by CLERMONT to
accept wastewater from OAKLAND shall not be construed to obligate CLERMONT to accept, or
consider accepting, wastewater from other sources or to provide any operational or maintenance
services of any kind related to any wastewater system constructed by OAKLAND. In addition to the
above-referenced Intergovernmental Wholesale Rate, OAKLAND shall pay to CLERMONT a High
Strength Surcharge and a Hydraulic Peaking Factor Surcharge, as may be applicable and as calculated
in accordance with the formulas set forth in Exhibit B, attached hereto and incorporated herein
5. A flow meter and automatic flow recorder shall be the means of measuring the amount of
wastewater transmitted by OAKLAND to the plant. OAKLAND shall, in accordance with
CLERMONT"S current system requirements, install, or cause to be installed, at OAKLAND's expense,
a flow meter assembly, air release valves, telemetry and associated piping (hereinafter collectively
referred to as the "flow meter assembly) to transmit and record the data to CLERMONT'S computer
system (SCADA). The flow meter assembly shall be constructed on property owned by OAKLAND and
at a location agreed-upon by the parties. Upon acceptance, CLERMONT will own, operate and maintain
the flow meter assembly and appurtenances. CLERMONT shall have the unrestricted right at any time
to access to the flow meter assembly for purposes of operating and maintaining the system
6. OAKLAND, shall construct or cause to be constructed, at its sole expense, the sanitary
sewer force main and pumping facility, as approved by CLERMONT, that may be required to transmit
wastewater from OAKLAND's wastewater collection system to CLERMONT's existing force main at
the location shown as "Point A" on Exhibit "C" attached and incorporated herein. OAKLAND also,
at its sole expense, shall construct or cause to be constructed (by developers or other third parties), the
collection system necessary for the collection and transmission of wastewater from individual homes,
businesses and other customers of OAKLAND's water utility, to the force main which will in turn
transmit the wastewater to CLERMONT's existing force main. OAKLAND acknowledges and agrees
that at the time CLERMONT's forcemain is required to be upgraded or rerouted based on
CLERMONT's 2008 Wastewater Master Plan for the Hartle Road corridor to accommodate the
additional flow, OAKLAND shall pay proportionate share of the force main and lift station to
CLERMONT upon commencement of the upgrade or reroute construction
7. The parties agree on a "Demarcation Point" as illustrated and described as "Point B" on
Exhibit "C" attached and incorporated herein OAKLAND shall be responsible, financially and
otherwise, for operation and maintenance of the wastewater system on Oakland's side of the
Demarcation Point. CLERMONT shall be responsible, financially and otherwise, for operation and
maintenance of the wastewater system on Clermont's side of the Demarcation Point. Provided however,
that to the extent that OAKLAND's failure to properly operate and maintain the wastewater system on
OAKLAND's side of the Demarcation Point so as to require maintenance or to cause damage to
CLERMONT's side of the Demarcation Point, OAKLAND shall be fully responsible for the costs
associated with the maintenance and damage repairs
8. The Parties acknowledge that capital costs for the Plant, CLERMONT'S force mains
and wastewater collection system is recovered through CLERMONT'S collection from its customers of
an Impact Fee (The Clermont Impact Fee). The Parties further acknowledge that customers of
OAKLAND'S wastewater system will be charged an impact fee The Parties agree that OAKLAND
upon the initial connection of customers to its wastewater system will be responsible for payment to
CLERMONT of an amount that equals the Clermont Impact Fee for a similar customer less that portion
attributable to CLERMONT'S collection system (the Reduced Clermont Impact Fee). A schedule
showing the amount of the Reduced Clermont Impact fee for the various types of residential and
business that would be connected to the system is attached as Exhibit "C". The payment by
OAKLAND of Clermont's Reduced Impact Fee shall be no later than the date that a customer is initially
connected to the wastewater system. The amount of the Clermont Impact Fee may be periodically
adjusted by CLERMONT Adjustments shall take effect ninety (90) days after formal notification of
same to OAKLAND The Parties acknowledge that the amount, time of payment, and other aspects of
the Clermont Impact Fee shall be governed by Clermont's ordinance on that subject as it may be
amended from time to time. The Parties further acknowledge that in the event that any existing
customer use, connected to the wastewater system is expanded or changed so as to result in an increase
impact fee pursuant to CLERMONT's ordinance, the increase impact fee, if any, subject to the
reduction described herein, shall be paid at the time OAKLAND issues its final approval for the
expansion or change of use. However, in no event shall OAKLAND be required to pay an amount
attributable to the Clermont Reduced Impact Fee in excess of the impact fee that CLERMONT imposes
on its own customers less the cost attributable to the wastewater collection system. In accordance
herewith, OAKLAND shall provide to CLERMONT on a monthly basis an itemized list by owner's
name, property address and work to be performed of all building permits issued in the previous month
for customers connected to the wastewater system
9 OAKLAND agrees to maintain and regulate the use of its wastewater collection system,
to minimize infiltration and prevent harmful wastes from being deposited into its facilities, such as
would overload or cause damage to the Plant or interfere with the wastewater treatment process
OAKLAND further agrees to the same extent as CLERMONT to require adequate pre-treatment of
strong or harmful commercial wastes, at the source of generation, prior to permitting such wastes to be
discharged into its system for treatment and disposal at the Plant As further assurance of
OAKLAND'S compliance with this paragraph, if requested, OAKLAND agrees to provide
CLERMONT with development plans of non-residential customers connecting to OAKLAND'S
wastewater system The plans shall be provided to CLERMONT prior to the issuance of any pre-
development_ approval, site approval, development order, construction or building permit by
OAKLAND and as condition precedent to the connection of the non-residential customer to the
wastewater system. It is expressly understood'and agreed that CLERMONT shall not be required or
obligated to accept any wastewater generated by an industrial use or containing industrial waste.
Furthermore,_CLERMONT shall have the right to reject any connection to the system or acceptance of
wastewater hereunder for any use that CLERMONT reasonably determines is not in the best
operational interests of CLERMONT's wastewater system
10. CLERMONT will invoice OAKLAND on a monthly basis for the amount due for
treatment and disposal of OAKLAND's wastewater. The amount to be billed shall be based upon
CLERMONT'S monthly reading of the quantity of wastewater transmitted from OAKLAND to
CLERMONT as indicated by the flow meter and flow recorder referenced in paragraph 5, plus any
surcharges as described in Exhibit `B" hereto. Payment will be due to CLERMONT no later than
twenty days after the invoice is rendered. The capacity allotment granted herein to OAKLAND may
not be sold, sublet, transferred or assigned by OAKLAND to any entity. CLERMONT represents that
the Plant is readily susceptible to expansion and that such expansion can increase the Plant's capacity
to accept additional wastewater for treatment. In the event that the capacity of the Plant becomes fully
utilized prior to OAKLAND obtaining its desired capacity, CLERMONT agrees to work with
OAKLAND in an effort to achieve an agreement for expansion of the Plant which as a minimum will
be sufficient to accommodate OAKLAND'S remaining capacity requirements.
11. OAKLAND agrees to the extent permitted by law and without waiving its sovereign
immunity, to hold harmless and defend CLERMONT, its officials, employees, contractors or agents for
and from any and all damages including attorney's fees that may arise out of, or related to, any claim
or cause of action, or threat thereof, of a third party, related in any manner to a customer connection to
the OAKLAND wastewater system.
12 The Initial Term of this Agreement shall be 30 years from the effective date of this
Agreement. This Agreement shall be effective upon final adoption of an ordinance or resolution (as each
may require) by both CLERMONT and OAKLAND. The Effective Date shall be the date of final
adoption by the last party. Notwithstanding the foregoing, The Vested Allotment Amounts, as provided
in paragraph 3 herein shall not be affected by expiration of this Agreement.
13. This Agreement may not be terminated by either party prior to its expiration, unless an
amendment to the Agreement is approved by both CLERMONT and OAKLAND, in writing, or if one
party is in breach of any of the terms and conditions of this agreement and fails to correct it within thirty
(30) days after written notice unless it requires more than thirty (30) days to make such corrections, and
in such case the breach shall be cured within a reasonable time.
14. In the event of any dispute related to this Agreement, the parties agree to resolve the
dispute consistent with the conflict resolution procedures established in Chapter 164, Florida
Statutes If there is a failure to resolve the conflict, no later than 30 days following the conclusion of
the procedures established in "The Florida Governmental Conflict Resolution Act" Chapter 164, a
party may file an action in circuit court. Venue for any cause of action to be filed hereunder shall be
exclusively in Lake County Circuit Court.
15. All notices, consents, approvals, waivers, and elections that either party requests or
gives under this Agreement must be in writing and shall be given only by hand delivery, or by certified
mail, prepaid with confirmation of delivery requested. Notices shall be delivered or mailed to the
addresses and parties set forth below or as any party may otherwise designate in writing.
City of CLERMONT: CITY MANAGER
685 West Montrose Street-3`d Floor
Clermont, FL 34711
Town of OAKLAND. TOWN MANAGER
220 North Tubb Street
P.O. Box 98(if notice is by mail)
Oakland, Fl 34760-0098
16. This Agreement is solely for the benefit of the parties hereto, and no right or cause of
action shall accrue upon or by reason hereof, to or for the benefit of any third party. Nothing in this
Agreement, either expressed or implied, is intended or shall be construed to confer upon or give any
person, corporation or governmental entity other than the parties any right, remedy or claim under or by
reason of this Agreement or any provisions or conditions hereof, and all the provisions, representations,
covenants, and conditions herein contained shall insure to the sole benefit of and shall be binding upon
the parties, and their respective representatives, successors and assigns In particular, and without
limiting the generality of the foregoing, individual customers of OAKLAND are not intended as third
party beneficiaries of this Agreement, and shall have no standing to enforce this Agreement or to assert
any claim against CLERMONT which arises out of or is related any way to this Agreement or the
services provided by CLERMONT under this Agreement
17. Each represents and warrants for the benefit and reliance of the other its respective
authority to enter into this Agreement, and acknowledges the validity and enforceability of this
Agreement. The parties hereby represent, warrant and covenant this Agreement constitutes a legal, valid
and binding contract enforceable by the parties in accordance with its terms and conditions, and that the
enforceability is not subject to any impairment by the applicability of any public policy or police powers
18. This Agreement sets forth the entire understanding of the parties with regard to its
subject matter It supersedes and takes precedence over any and all prior negotiations, representations
and agreements, oral or written, all of which are deemed to have merged into this Agreement and to have
been extinguished except to the extent specifically set forth herein This Agreement may not be amended
orally, by implication, by course of conduct, or in any other manner whatsoever than by way of a
written instrument signed by both parties hereto or their lawful successors. This Agreement shall be
construed in accordance with the laws of Florida and venue for any action or proceeding arising out
of this Agreement shall be in Lake County, Florida This Agreement shall be binding on the parties
hereto, as well as on their lawful successors and assigns. Each party represents for the benefit of the
other that it has not entered into this Agreement in reliance on, or on the basis of, any promise,
negotiation, representation, undertaking or agreement of the other party, oral or written, which is not
specifically set forth within this Agreement.
19 If any portion of this Agreement is declared invalid or unenforceable, then to the
extent it is possible to do so without destroying the overall intent and effect of this Agreement, the portion
deemed invalid or unenforceable shall be severed here from and the remainder of this Agreement shall
continue in full force and effect as if it were enacted without including the portion found to be invalid or
unenforceable.
20. This Agreement shall be recorded in the Public Records of both Lake County, Florida, and
August 29, 2013
Exhibit A
Estimated Sanitary Sewer Demand
Estimate Demand
Year (gpd)
2015 100,000
2016 140,000
2017 180,000
2018 215,000
2019 250,000
2020 280,000
2021 310,000
2022 350,000
2023 390,000
2024 430,000
2025 473,000
2026 500,000
2027 530,000
2028 560,000
2029 585,000
2030 605,000
2031 630,000
2032 665,000
2033 690,000
2034 715,000
2035 745,000
2036 775,000
2037 805,000
2038 835,000
2039 865,000
2040 890,000
2041 930,000
2042 970,000
2043 1,010,000
2044 1,050,000
2045 1,080,000
The future projects are based upon the following assumptions
Equivalent Residential Unit(ERU) Factors published by Orange County Utilities(02/11)
Wastewater ERU=250 gallons per day
Current Zoning and Land Use Designations
Existing Residential Neighborhoods coming online in phases over time
Nearly 200 acres of vacant land along State Road 50 developed for Commercial uses
Exhibit"B"
High Strength Waste Surcharge and Hydraulic Peaking Factor Surcharge
OAKLAND shall pay to CLERMONT in addition to the Intergovernmental Wholesale
Rate the following surcharges as may become due based on the criteria and formula set forth
below:
I. High Strength Waste Surcharge Criteria.
A. Surcharge/or abnormal strength wastes.
1. A surcharge shall be imposed where the wastewater from OAKLAND contains an
abnormally high BOD or suspended solids concentration. The surcharge in dollars shall be computed
by multiplying the average milligrams per liter(mg/L)of each constituent that exceeds three hundred
(300)mg/L minus 300 mg/L,times the metered sewage flow of OAKLAND during the
9 billing period in millions of gallons times a treatment surcharge factor.
2. The treatment surcharge factor shall be derived annually from the following
formula(the factor of 600 being the maximum normal BOD plus suspended solids content expressed
in milligrams per liter).
Treatment Surcharge Factor=Intergovernmental Wholesale Rate per million gallons
600
3. CLERMONT at any time, may take samples of OAKLAND's wastewater. Should a
sample show abnormal strength, CLERMONT will take two (2) additional samples within the next
succeeding ten (10) days. The average of these three (3) tests will be used to determine whether a
surcharge is due for that month, and, if so, the amount thereof. OAKLAND may request additional
samples, and CLERMONT will take such additional samples and include the results thereof in
calculating the average strength in the month in which taken, provided that the
cost of such additional samples shall be paid for by OAKLAND.
B Definition of Terms.
1. Surcharge - Amount of money added to OAKLAND's monthly bill to defray the
additional expense that might be created due to high strength wastewater discharge to CLERMONT's
system in the billing period.
2. BOD - five-day biochemical oxygen demand as determined in accordance with the
testing procedure as defined in Standard Methods for the Examination of Water and Wastewater
("Standard Methods"), latest edition.
3. Suspended Solids - Non-dissolved solids contained in the sewage that can be
removed by filtration as determined by the testing procedure as set forth in Standard Methods, latest
edition.
4. Each Constituent - Defined as either BOD or Suspended Solids as far as waste
strength is concerned.
II. Hydraulic Peaking Factor Surcharge.
A. Surcharge
For each day that OAKLAND transmits wastewater to CLERMONT's system for a
consecutive four-hour period at a flow rate in excess of 200% of the Average Daily Peak Flow
("ADPF"), up to 250%of the ADPF, OAKLAND will pay a 1 % surcharge on its monthly charge not
including the High Strength Surcharge above For each 5% or fraction thereof in excess of 250% for
a consecutive four-hour period that the flow exceeds the Average Daily Peak Flow,OAKLAND will
be billed an extra 1 % on its monthly service charge.
B Definitions.
Average Daily Peak Flow (ADPF) - OAKLAND's total flow during the four (4)
consecutive months of greatest flow during the twelve (12) month period ending on the last
preceding September 30th, divided by the total number of days in such four (4) month period
Average Daily Peak Flow in such four (4) month period will be based on the flow meter readings
used for billing OAKLAND.
Orange County, Florida as required by applicable Florida Statutes
IN WITNESS WHEREOF, each of the parties has caused its duly authorized representatives
to set their hands to this Agreement on the dates indicated below.
THE CITY OF CLERMONT, FLORIDA
a�; ,•, so ' •
10,A);
(7:±' Turville, Jr. , Mayor
YPIL, 02
ATTEST: L. I `.
Tracy Ackroyd,
City Clerk
APPRO 1 AS TO 1 RM AND CONTENT
Daniel F. Mantzaris,CITY
ATTORNEY
Witnesses
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Print Name x rbG A t Ue(cm d
Print Name• � iiensch I
STATE OF FLORIDA
COUNTY OF LAKE
The foregoing instrument was acknowledged before me this 22nd day of October 2013, by Harold S.
Turville, Jr., as Mayor of the City, of Clermont, FL, who executed the foregoing instrument and
acknowledged before me that he executed the same for the uses and purposes therein expressed, and
who is personally known to me.
Notary Public SEAL
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Denise Rayl Noak
DENISE RAyj Np,
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�oF v�oe Budget Notary Servos Th,
THE TOWN OF OAKLAND, FLORIDA
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Kathy Star , .t or (‘
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'`\•.'y i C Ll Y,.3tSc ay, Town Clerk
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TOWN /TORNEY
Witnesses:
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Print Name- YQ.Q.Q,PZ e 0.l h ogyLs
STATE OF FLORIDA
COUNTY OF LAKE
The foregoing instrument was acknowledged before me this 3 day of
2013, by9 dS 11912046k.. , as Mayor of the City of OAKLAND, Florida, who executed the
foregoing instrument and acknowledged before me that he executed the same for the uses and purposes
therein expressed,and who is personally known to me.
0,6,0°c,e, Notary Public State of Flonda
2 ^ Lisa M Waldron
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Type or Print Name
Table 3-8 Page I of 2
City of Clermont
Water and Wastewater Impact Fee Analysis
Development of Wastewater System Impact Fee
Line
No. Description Amount
Total Estimated Cost of Existing&Future Wastewater
Treatment&Disposal Facilities:
1 Cost of Existing&Future Facilities LI] $40,673,425
2 Additional Borrowing Costs[2] 5,237,271
3 Additional Costs Capitalized-CIP[3] 44,863,500
4 Less Receipt of Grant Funds[4] (1,664,926)
5 Subtotal Wastewater Treatment and Disposal Facilities $89,109,270
6 Future Plant Capacity(MGD)(AADF)[5] 8.000
7 Projected Average Daily Flow(MGD)(AADF)[6] 2.195
8 ERC Factor-(GPD)(ADF)[7] 220.0
9 Estimated ERUs to be Served by Facilities 36,364
10 Percent Remaining Capacity of Facilities 72.57%
11 Allocation of Facilities to Incremental Growth $64,665,148
12 Rate per ERC Associated with Existing&Future Facilities $2,450.50
Primary Transmission System and Pump Stations:
13 Existing Facilities[9] $9,772,633
14 Additional Costs Capitalized-CIP[10] 8,200,000
15 Less Receipt of Grant Funds[4] 0
16 Total Primary Transmission Facility Costs $17,972,633
17 Estimated ERUs Served by Existing Facilities[11] 18,182
18 Estimated Future ERUs served by Collection Facilities[II] 0
19 Total Estimated ERUs served by Collection Facilities[11] 18,182
20 Net Rate per ERU of Primary Transmission Facilities $988.49
21 Total Combined Rate per ERU After Rate Adjustment $3,438.99
22 Rounded Rate per ERU $3,439.00
23 Cost Per Gallon $15.632
MDF=Maximum Daily Flow
ADF=Average Daily Flow
ERU=Equivalent Residential Unit
GPD=Gallons per Day
Footnotes continued on the following page.
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