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Res 084-2009 6/16/2009 , , t � RESOLUTION NO. $� Resolution To Award Bids for Three Grazing Leases At Lake Arrowhead For Three-Year Terms Beginning June 30, 2009 and Ending May 31, 2012. WHEREAS, the City has three tracts of land at Lake Arrowhead that are leased for cattle grazing and, WHEREAS, the current leases expired and the City advertised for bids for new three-year term leases commencing on June 30, 2009; and WHEREAS, Council has considered all bids received for the leases. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The bids for the Lake Arrowhead grazing leases are awarded as follows, and the City Manager is authorized to execute a lease agreement with each entity in the form attached hereto as LEASE AGREEMENT, with changes to form as approved by the City Attorney: Arrowhead #1 to James Mitchell & Clayton Jackson d/b/a M&J Livestock for $14.03 per acre per year. Arrowhead #2 to James Mitchell & Clayton Jackson d/b/a M&J Livestock for $14.03 per acre per year. Arrowhead #3 to James Mitchell & Clayton Jackson d/b/a M&J Livestock for $14.03 per acre per year. PASSED AND APPROVED this the 16th day of June, 2009. MAYOR ATTEST: i Clerk . MAP OF LAKE ARROWHEAD GRAZING LEASES . . .«��. . GRn�i b - - - - LEASL� ML zst. Y3 wc ES ..�,.� - •-nT ....... �. �soo.i . .» GRAlE�� l �3 . c � � .�n. • �. � � 4 R . . ` L 8.3z6'k.oS • �� Q��1� ��E..�� .. v.. 223.s Ar.nas , - � � __ . � . � �. �[LC�E• •�� i . a a Y. N/.LLI � ' • ' � •�i�� ......... � � } G 11 II •�1)i I� I I M i. . �-2)f � � � � ' -... . - .� ' _ '." _" ir..r... _.. _ . _ �µ ionx ��4[ •-)f0 , � • •" . � � . — . .•••• C.w [• [Y��> _,s... ._ _. z . . • I � - , --- " . � - � ' � ..... i . . � ,.� � `�` _ — � - ., . i .• — �` I \ .�..-. • . .. � �RC«[�-[ �: \ - I .. � / �OLIrG _ � /;• \\ �� I •,T l/ Il � � ,.. I I • . snnw . . .... .• w �-.ex ��s. THE STATE OF TEXAS § COUNTY OF CLAY § LEASE AGREEMENT THIS LEASE is entered into as of the day of , 2009, by the City of Wichita Falls, Texas, ("City"), acting by and through its City Manager, who has heretofore been duly authorized to execute this lease by Resolution No. adopted by the City Council of the City of Wichita Falls, Texas, and ("Lessee"). 1. City leases to Lessee, for grazing purposes only, all that certain lot, tract, or parcel of land situated in Clay County, Texas, north of the dam at Lake Arrowhead, said tract being known as Arrowhead Grazing Lease # ("Leased Premises") and more particularly described as follows: (legal description) 2. The term of this lease shall be 3 years, beginning June 30, 2009 and ending May 31, 2012. 3. Lessee shall pay City rental at the rate of $ per acre per year, the same being equal to $ per year. This rental shall be payable annually and in advance on or before the beginning of each lease year. 4. Lessee shall have the right to erect structures as needed to maintain as well as manage livestock properly. Prior to erecting such structures, Lessee will provide site plan and building plans and will obtain a building permit from the City's Inspection Department. 5. This lease only grants grazing rights to Lessee, and this lease does not grant lessee the right to hunt, fish, or partalce in any other recreational or non-recreational activity not directly associated with grazing. 6. Lessee agrees to take this lease subject to the rights of any oil, gas, mineral, hunting, or other rights presently in existence on the lease premises or that may be granted or leased by the City during the term of this lease. Tenant and City agree to cooperate so that the respective activities of one will not unduly interfere with the other. 7. It is understood that Lake Arrowhead is a municipal water supply for the City of Wichita Falls, and hence it is absolutely necessary for sanitary conditions to be strictly observed, and Lessee agrees to pasture on said lands only cattle in a good and healthy condition. Lessee further agrees to remove immediately from said premises, or burn, all dead cattle and/or other dead animal matter. No slaughtering of cattle will be made on the premises. 8. The term of this lease will be binding upon the heirs, executors, administrators, and successors of parties in like manner as upon the original parties. Lessee agrees to keep and maintain the existing City-owned fences on said property in a good and workmanlike manner and to construct any other fences required by Lessee. Fences will not be built into the water. If a fence should become submerged by rising water it will be removed by the lessee. Any fence so constructed that separates the properties herein leased from adjoining properties shall remain the property of the City upon termination of this lease. Lessee agrees to hold City harmless from any and all liability that Lessee might incur growing out of the breakage of fences around the property. 9. Lessee agrees to abide by all existing sanitary rules, statutes and ordinances concerning Lake Arrowhead and the surrounding area, and any other rules of a similar nature which may hereafter become effective, whether they be by City ordinance or by State or Federal law. 10. Lessee will not make or allow to be made any unlawful, improper or offensive use of the premises or any part thereof, and agrees to keep the same in a decent, safe, and sanitary condition, observing all municipal, state and federal laws, ordinances, rules, regulations now or hereafter in effect. Lessee further agrees to indemnify City against any and all claims, demands, costs, or judgments of any kind whatsoever made or suffered by reason of the breach of this covenant. Lessee further agrees to indemnify City from and against any all claims, demands, costs, attorneys' fees, expenses or judgments that may arise or that Lessor may suffer on account of or in connection with the Leased Premises or any condition or occurrence thereon. Lessee shall indemnify City_pursuant to this clause regardless of the acts, omissions or negli�ence of City or Citv's officers a�ents or employees or any condition of the propertv 11 . The officers, employees, agents, and other tenants of the City shall have the right to go upon the leased premises at any and all times, and to construct buildings thereon, and make such other improvements on said land as they may, in their judgment, find necessary. Lessee agrees to allow City to have a lock for City access on any and all gates as required. Lessee will have the right to lock gates and entrances to the leased property. Lessee will agree to either provide a key to locks on gates and entrances or allow the City to double lock the entrances. 12. The fact that Lake Arrowhead is a source of City's municipal water supply makes it mandatory that the provisions of this contract be enforced; upon the breach of any covenant or provision in this lease designed to protect the purity of the water supply of City, City may re-enter and dispossess Lessee without any liability whatsoever, terminate this lease, and require Lessee to remove his cattle from the leased premises. If the Lessee fails to pay any rent due hereunder within 30 days after the same becomes due, City shall have the right to terminate this lease. If Lessee breaches any other covenant contained in this lease, and fails to remedy such breach within 15 days after he is given written notice by City to do so, City shall have the right to terminate this lease. 13 . Lessee shall not sublet the Leased Premises for any use, nor assign this lease in whole or in part without the written consent of the City. The city retains the absolute right to deny such written consent. 14 . Lessee shall not over-pasture said lands, but will use the same in a good and husband-like manner in an effort to keep the turf in good condition, regardless of whether a rainy or dry season is involved. 15 . Lessee shall not spray any chemical on the leased premises without the approval of the Director of the Wichita Falls/Wichita Health Department and the City's Director of the Public Works. In addition, Lessee agrees not to harvest any trees for any reason whatsoever on the leased premises without prior permission from the City's Director of Public Works. 16. City shall have a lien upon all of the property of Lessee placed on the leased premises, to secure the payment of the rent provided for herein. 17. Lessee has inspected the Leased Premises and accepts the condition of the premises "as is." The City makes no warranties, either express or implied, regarding the condition of the Leased Premises. 18. Lessee agrees to pay when due, all real property taxes, assessments and charges, of any t j RESOLUTION NO. � Resolution Approving An Advance Funding Agreement Between The City Of Wichita Falls And The Texas Department Of Transportation For The Hike and Bike Trail Expansion Project Between Scott Street And Hamilton Park in the amount of $3,282,318 WHEREAS, the Texas Department of Transportation selected the City of Wichita Falls to receive American Recovery and Reinvestment Act (ARRA) funds in the amount of $3,282,318 for a trail extension project from Scott Street to Hamilton Park; and WHEREAS, the attached agreement between the City of Wichita Falls and the TxDOT requires the City to pay Engineering and Consultant fees estimated at 7% of the project cost, the difference between the ARRA allocation and actual bid costs, and the cost of all change orders. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The attached Advance Funding Agreement with the Texas Department of Transportation For The Hike and Bike Trail Expansion Project Befinreen Scott Street And Hamilton Park is hereby approved, and the City Manager is authorized to execute said agreement and other documents necessary to receive and administer the funds distributed therein. PASSED AND APPROVED this the 16 day of June, 2009. MAYOR ATTEST: ;� lr� , 'ty Clerk _ . CSJ 0903-03-093 District # Wichita Falls Code Chart 64 46050 Project: STP 20091721►ES CFDA # 20.205 STATE OF TEXAS § COUNTY OF TRAVIS g LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For a Hike and Bike Trait — Phase 3 Project (Off State System) THIS Local Project Advance Funding Agreement (LPAFAy is made by and between the State of Texas, acting by and through the Texas Department of Transportation. hereinafter called the "State", and the Citv of Wichita Falfs, acting by and through its duly authorized o�cials, hereinafter called the "Local Government." WITNESSETH WHEREAS, a Master Agreement between the Loca! Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA; and, WMEREAS, the Texas Transportation Commission passed Minute Order 111734 and 111552 that provides for the development of, and funding for, the project described herein; and, WHEREAS, the Goveming Body of the Local Governrnent has approved entering into this LPAFA by resolution or ordinance dated , which is attached hereto and made a part hereof as Attachment A for development of the specific project which is identified in the location map shovm as Attachment B. NOW, TNEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. The period of fhis LPAFA is as stated in the Master Agreement, without exception. 2. Terrnination of this LPAFA shall be under the conditions as stated in the Master Agreement, without exception. 3. Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 4. Scope of Work. The scope of work for this LPAFA is described as the Hike anef Bike Trail — Phase 3 from Hamilton Pa�k to Scott Street in Wichita Falls. #or CSJ 0903-03-093 will be fet as an American Reinvestment and Recoverv Act (ARRA1 proiect 5. Right of Way and Real Property shall be the responsibility of the Local Government, as stated in the Master Agreement, without exception. 6. Adjustment of utilities will be provided by the Loca1 Government as required and as stated in the Master Agreement without exception. AFA—LPAFA_OffSys Page 1 of 8 Revised 05/19/20Q9 CSJ 0903-03-093 District �t Wichita Falls Code Chart 64 46050 Project: STP 200917211ES CFDA # 20.205 7. Environmenfaf Assessment and Mitigation will be carried out as stated in the Master Agreement, withou# exception. 8. Compliance with Texas Accessibility Standards and ADA will be as stated in the Master Agreement, without exception. 9. Architectural and Engineering Services wiil be provided by the State, as stated in the Masfer Agreement, without exception. The State is responsible for performance of any required architectural or preliminary engineering work. The Local Government may review and comment on the work as required to accomplish the public purposes of the Local Government. The State will cooperate fulfy with the Local Government in accomplishing these local public purposes to the degree permitted by State and Federal law. 10. Construction Responsibilities wil� be carried out by the State, as stated in the Master Agreement, without exception. 11. Project Maintenance will be undertaken as provided for in the Master Agreement, without exception. 12. Loca! Project Sources and Uses of Funds a. Project Cosf Estimate: A Project Cost Estimate is provided in Attachment C. The State and the Federal Government will not reimburse the Local Government for any work performed before the issuance of a formal Letter of Autharity by the Federal Highway Administration. The Local Government is responsible for 100% of the cost of any work performed under its dire�fion or control before the federal Letter of Authority is formally issued. b. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the percentage and absolute dollar amount to be contributed to #he project by federal, state, and local sources. c. The Local Government is responsib3e for al1 non-federal and non-state funding, including all projec# cost overruns, unless provided for through amendment of this agreement. d. Prior to the performance of any engineering review work by the State, the �ocal Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering for the pr�ject. At least sixty (60) cfays prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the Stafe's estimated construction oversight and construction costs. e. In the event that the State determines that additional funding by the Local Govemment is required at any time during the Project, the State will notify the Local Government in writing. The Locai Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. f. Whenever funds are paid by the Local Government to the State under this Agreement, the Locaf Government shall remit a check or warrant made payable to the "'Texas Department of Transportation Trust Fund." The check or warrant shal! be deposited by the State in an escrow account to t�e managed by the State. Funds in the escrow account may only be applied by the State to the Projeci. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Govemment's contractual obligations to the State under another advance funding agreement. g. If any existing or future local ordinances commissioners court orders, rules, policies, or other directives, including but not Iirrtited to outdoor advertising billboards and storm water drainage AFA—LPAFA OffSys Page 2 of 8 Revised 05119/2Q09 CSJ 0903-03-093 District # Wichita Falls Code Chart 64 46050 Project: STP 2009(721)ES � CFDA # 20.205 facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the Iocal govemment. The cost of praviding right of way acquired by the State shal! mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. h. In the event of an overrun of construction costs or change orders during the construction of fhis project amounts will be covered to the extent possible with available ARRA funds. The Local Government will be responsible for 100% of the costs not covered with ARRA funds. i. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. j. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of ihe state auditor, under the direcfion of the legislative audit committes, to conduct an audit or investigation in conneetion with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any informafion the state auditor considers relevani to the invesfigatian or audit. k. In accordance with Section 902 of the American Recovery and ReinvestmenE Act of 2009 (ARRA), shouid ihis agreement involve the expenditure of ARRA funds, then the U.S. Comptroller General and its representatives shall have the authority to: a. examine any records of the contractor or any of its subcontractors, or any State or local agency administering such contract, that directly pertain to, and involve transactions relating to the contract or subcontract; and b. interview any officer or employee of the contractor or any of its subcontractors, or any State or local agency administering the contract regarding such contracts. Nothing in the section previously menfioned shall be interpreted to limit or restrict in any way the existing authority of the Comptroller General. In accordance with Section 1515(a) of the ARRA, with respect to each contract or grant awarded using covered funds, any representative oi an appropriate inspector general appointed under Section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), is authorized: a. to examine any records of the contractor or grantee, any of its subcontractors or subgrantees or any State or locai agency administering such contract that pertain to and involve transactions relating to the contract, subcontract, grant, or subgrant; and b. to interview any officer or employee of the contractor, grantee or subgrantee, or agency regarding such transactions. Section 1515(b) further provides that nothing in the section previously mentioned shall be interpreted to limit or restrict in any way the existing authority of an inspector general. The ARRA reGuires that the Contractor report monthly employment information for its firm as well as that of all of its subcontractors. The Contractor, similarly, shail include this reporting requirement in all of its subcontracts. Failing to include the requirement in agreements with subcontractors can serve as grounds for contract termination. AFA—LPAFA_O(fSys Page 3 of 8 Revised 05/19/2409 CSJ 0903-03-093 District # Wichita Falis Code Chart 64 46050 Project: STP 2009(7291ES CFDA # 20.205 Form FHWA-1589, Monthiv Employment Report, promutgated by the Federal Highway Administratian (FMWA), captures the necessary monthly employment information and shall be submitted by the Contractor on a regular basis to the LG (Local Government). It is the responsibility of the LG to obtain this form from the prime Contractor and any subcontractors and, the LG shall verPfy the accuracy, completeness, and reasonableness of the data contained in the form. The LG shall ensure that this form is submitted by the LG to the State according to the policies and at the direction of the State. !n order to meet any other FHWA and ARRA reporting requirements, the LG shall provide to the State all information requested by the State, including data or information in possession of contractors and subcontractors for completing other necessary reporting forms, and the information shall be submitted in the manner required and according to all due dates as set by the State. Furthermore, fhe ARRA mandates that the U.S. Comptroller General's Office shall have authority to examine the records of the contractor, subcontractor, or local agency relating to the project at any time. 13. Document and Information Exchange. The Local Government agrees fo electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft� Word or similar document. If requested by the State, the Local Government will use the State's document template. 7he Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whethe� the Local Government creates the documents with its own fbrces or by hiring a consultant or professional provider, At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 14. Incorporation of Master Agreement Provisions. This LPAFA incorporates all of the governing provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final execution of this LPAFA, unless such MAFA provision is specifically excepted herein. 15. Insurance. If this agreement authorizes the Local Government or its contractor to perForm any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained untii all work on the State right of way is complete. If coverage is not maintained. all work on State right of way shall cease immediate9y, and the State may recover damages and all costs of completing the work. 16. Debarment Certification. The parties are prohibited from making any award at any tier to any party that is debarred or suspended or ofherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this agreement, the [Contractor, Local Govemment, Engineer, or whatever] certifies that it is not currently debarred, suspended, or othen,vise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any AFA—LPAFA_OffSys Page 4 of 8 Revised 05/19l2009 . CSJ 0903-03-093 Disfrict # Wichita Faits Code Chart 64 46050 Project: STP 20Q9(7211ES CFDA # 20.205 party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive Federal funds and, when requested by the State, to fumish a copy of the certification. 17. Signatory Warranty. The signatories to this agreement warrant that each has the authoriry to enter into this agreement on behalf of the party represented. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT By: (Signature) Title: Date: THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: Janice Mullenix Director of Contract Services Texas Department of Transportation Date: AFA—LPAFA_OffSys Page 5 of 8 Revised 05l� 9/2009 CSJ 0903-03-093 District # Wichita Falls Code Chart 64 46050 Project: STP 20d9(7211ES CFDA # 20.205 ATTACHMENT A RESOLUTION OF LOCAL GOVERNMENT APPROVING TH1S LPAFA A�A—LPAFA_OffSys Page 6 of 8 Revised 05/19/2009 S . CSJ 0903-03-093 District # Wichiq Falis Code Chart 64 46050 Project: _ STP 2009f721}ES CFDA # 20.205 ATTACHMENT B PROJECT LOCATION MAP , _ , , � �: �. 'I - _ �a --- •{' � .. .� �" ,-� `+� __ I, '� � "'- wK�aT�� •,� ?�, t.:,,A .�.. � x �' Y' FAIIS r�y r '� � � � ;. �+`� : ; .- - ��- ,� �'. � , 4a �>�� .-,. � �. � 1 �" r s- � �"� „-� r � - �- — -- y. 1 f^ ` µ— .�t '_ R T .� � ' r . ��` .� � ,`- � �t�`�. � . . � s ,�'�� -� �i. I . � �� n � (� J ; i � ° t � ,, � ' [ Sc .c `� \ �� r -� i -� I �'� I � �� "'� �i .� � �" � � r U - �- T ��,� � I ! "1 '�"' y • i � , ( /f � I ' �� n ' `� _ �.� '� �t'� 'r , �.� " �,s� J `� \� � � �' -t�( � � � � � t Y�, ~ ry/ (��_ �,/ � � . Z t { � (.�� _ ,�� \ � '�"�-��) ` � / F._:� ;�f I ✓Y �xt�n. }. � '��• 1 _�. f�1`n,� �'r,,�.� � � ; a _ � r ,� ,�� I ;� s -� � �c ,�._ ,1;. • �` : � i ,` - �,,, � �',,. ��y., � �., � ' `� ,�� , � -� �� ,� - � � � ,. , �. '4 r � , 4 a ' � . ._.i � � . . • '? 7 � i. - ..: � '�Y �� ,. �, � � r�i � - �-�� ~ '� �" _ -,' ��'= � +' � r l- � ! r � 'y, �iL �,-��,� .�✓ J � I _'' r J,� � � .., ?.;� . � ti Ir�- �� - i � � � __�'? �� M 'rerr►ti ..-'- _ . - - � w.r Pa t� '� _ { I ��,. � ^� . � / �-,� �� . . . . _ ; . ` ,,,,, � i r_ �� `� -*��-��r� f'jLLZ' j y ,�1wr �� , i i ' 4 �r �' �. � i �� '. _ �,�� Y � � ,/� +r . �` � _ ` i , �� '�` ��'�ti .�,� � h � ` u.:va�l�i � I � ; ,�s;:f..�;, � �� /.�;� t � i � `�i , > � , ^-'�', `� � , ( i � � � ' ' � AFA—LPAFA_OffSys Page 7 of 8 Revised 05/19/2009 r CSJ 0903-03-093 Districf # Wichita Falls ' Code Chart 64 46050 Pro]ect: STP 2009(721)ES C�DA # 20.205 ATTACHMENT C PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS Description Total Federal State Loca! , Estimate Participation Participation Participatfan Cost Z00°lo �DC Prior to EDC Actual Adjustment EDC Adjustment Participation -_ —_ _ _ 61.5% (+ 20%) 61.5% - _ . _i_ � __ Land (no cash contribution) __ — _: _ _— -- — _ _ _ Utilities (no cash contribution) ._ _ _ _.- ,. „- _._ i _ __�_- �. -- Environmental (no cash contribution) - _ — _ - , - .--- --- Prel'rminary Engineering 0 $0.00 0 0 0 p —_ --- — _ _ _ -- Construction 3,282,319 3,282,319 0 0 p p SUBTOTAL 3,282,319 3,282,319 0 0 0 0 Direct State Costs (including plan 229,762 0 0 0 0 229,T62 review, inspection and oversight) Engineering & Contingencies estimated at 7°� of Construct -- - -- - -- Indirect Staie Costs (no local 0 0 0 0 0 0 participation required except for serv projects) . _ _ _. __ -- — TOTAL 3,512,081 3,282,319 0 0 0 2zg,7g2 First Payment d�e �rior to PS.&E Uy . -- - -' :., —. _ `229,762 5fate . 11f/A Secr1»d paymeni due.SO days priorto : N/A ' � _ 0 t. e ro' flett..ing: • .. , . ,; _ Total participatio� required from the �ocal government = 29 762.00. This is an estirnate only, final pa�ticipat;on amounts will be based on actuaf charges to the project. AFA—LPAFA_OffSys Page 8 af 8 Revised 05/19/2009