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HomeMy Public PortalAboutP&RAC Minutes 1989 11/03PARKS AND RECREATION ADVISORY COMMITTEE MINUTES November 3, 1989 Max Williamson Kathy Killan Allen Muller Rick Fereday Harry Stathis Bud Schmidt Don Belts Kris Korte The Chair requested that materials distributed at the meeting be forwarded to the absent members. Minutes of October 20th were ordered filed by the Chair without objection. 1. Consulting CoDtract: Mr. Belts presented the contract and the Work Order No. 1 (attached) and reviewed those documents with the committee. Certain changes had been suggested by City Staff and were incorporated in the draft presented. After discussion, Ms. Killan moved to recommend to the City Council approval of the contract for consulting services with Jensen Belts Associates. Mr. Muller seconded and the motion carried. Preliminary Design Review: Century 21: After discussion, the Committee consensus was to proceed with planning as if the Century 21 parcel will be a part of the park. b) Other: Land acquisition report, Kris Korte. This report was reviewed and discussed. After further discussion, the committee asked staff to contract Torrey Enterprises to determine if a proposal on the Mill Park/Century 21 matter could be secured by the December 3rd Committee meeting. May Hardware Dock Expansion: The Committee, after discussion, determined to take no action on the matter. Miscellaneous Reports: Staff reported on the beach clean-up effort and burner removal. It also appears that sand may not be available from the North Beach source. Without further business, the meeting adjourned. Respectfully, MAX WILLIAMSON Chairman 2 MC CALL PARK PROJECT STATUS REPORT NOVEMBER 3RD MEETINO The following is a status report on the Mc Call park and path project. Listed are some issues and options that we would like to explore for the city. After studying the options we will proceed at your direction. REAL ESTATE POSITIONINO Al'ternate funding does not look good for the short term. This is due to two major factors. First is the Idaho Centennial. There are countless projects that are seeking funding from all sources. With the time frame of the Centennial rapidly arriving we are too late to push for those funding sources. Funding through the Land and Water COnservation program is 1 imited at this time. Funding may beCome available in the 1991 budget year. There are also other funding sources which will be researched. IDAHO FOUNDATION FOR PARKS AND LANDS Subject to city concurrence, I would like to explore involving the Idaho Foundation For Parks and Lands in future real estate trane actions. I am also a board member of the Foundation which will provide for very close coordination. CONCEPT: The Foundations role would be to hold land in trust for the city to be used for future grant matches. The advantage would be that the city could still use the properties for intended uses but when funding became available we would use the land value for matching other funding sources. Title to the property would be held with the Foundation. This concept was used in acquisition and development of Mill Park. This could be highly advantageous for future improvements to the lake front park and the snowmobile/bike path facilities. It can also be advantageous to sellers if it helps their tax consequences. It will help the city if we are dealing with land trades instead of purchases. If there is interest in this concept we will outline how the transactions would occur. We will meet with the State Parks and Recreation Department to assure the concept will qualify. The Foundation is a nonprofit organization. in their participation will be very minimal. what those cost might be to the city. Costs involved I will develop REAL ESTATE ACQUISITION At the city's direction, we will start the process of developing the strategy for acquisition of the Century 21 site and the Rail Road right-of-way behind City Hall. The first item we need to know is if these sites must be acquired. The assumption in this document is that they must be. ~ CENTURY 21 It has been indicated to us that Mr. Manchester is interested in working with the city on the Century 21 site. A concept map was prepared that has been given to the city indicating some of his ideas. The first question is whether this site should be considered as our number one priority? We need to establish how we wish to start the process. would like your input on these ideas. We 1. Do we make an offer to Mr. Manchester for the purchase of the site and let him respond? A. Do we use the appraised price for the site or his purchase price? B. Do we offer a lower price? 2. Do we indicate to him that the city is contemplating acquisition of the site and request him to respond with a price or trade concept? Either of these approaches will start the ball rolling. Option 2 will become more complex as it will most likely involve land trades, potential park conversions and political ramifications that must be studies. The benefit is a potential savings in hard cash. Option 1 may turn into option 2 depending upon his response to our purchase offer. It may also turn into a condemnation situation. 'We would like direction from the city as to what our role will be in the negotiations of this parcel. Will we be deal lng directly wi th Hr. Hanchester or will the city? What letters and documents must we prepare in this process? RAIL ROAD RIGHT-OF-WAY BEHIND CITY HALL The first issue we need direction on is the importance of the timing of this purchase? Is it a higher priority than the Century 21 site? We still need to analyze this site some more. We are developing a map that will assist us in looking at the functionality of the property and the surrounding land use. We have been informed that the current owner may be interested in trading the subject area for other lands currently owned by the city. It may be advantageous to establish what the city has and if it enhances our bargaining position wi th the owner. We understand that the owners real estate agent has been inquiring what the city's position is on this matter. At the city's direction we will contact him. CONTRACT FOR CONSULTING SERVICES Between JENSEN-BELTS ASSOCIATES an d The Ci%y of McCall THIS AGREEMENT, made and entered into this day of 1989, by and bet:ween JENSEN -BELTS ASSOCIATES, hereinaft, er referred to as "CONSULTANT," as lead consultant f'or a team of consul t. ing professioaa]s, ]lere~ liafl, er culled the "CONS [II, TANT TEAbI" and the CITY OF McCAI, L, a po.[itical subdivision of the State or Idaho act.:ing by and through its duly elected officials, hereinafter referred to as the "CITY". W I T N 1,: S S E T II WHEREAS, the CITY solicited proposals from qualified architects and engineers to engage :in project managelnent of 'the Park Improvements and Bike Path Recreational Access Trails provided for by passage of a 1.1 million dollar gencr'al obligal.i, on bond by the CITY on June 6, ]989, and, WIIEREAS, the CITY int. crviewed px'ospcctive CONSUI, TANT TEA?-iS made a selection based upon qualifications and approach to the project, and, WIIENEAS, the CONSULTANT TEAM named in this agreement was select, ed to provide landscape architecture, architecture, engineering, land acquisition and grunt, research services as rclai, ed to the CITY's Park and l/ecreation l)evelopment to the CITY. NOW, THEREFORE, :i.n c:onsiderak:ion of the mutual under't, al, ingrs, covenant, s and promises h~:.rein contained, the parties hereby agree as £o]lows: 1. SCOPE OF SERVICES. a. Basic Services The CONSULTANT TEAM shall be available on request of the CITY and their authorized representatives provide t. echnical consul kai :i on on mail. ers re.Iai, ed site planning, landscape architecture, architecture, engineering, land acquisition and grant research for the City's Park and Recreation Project. The CONSULTANT TEAM shall respond to all requests :ill an appropriate manner and mainl:ain a monthly log of al 1 rcctucsts w i I.h a dciu i ] ed summary of I :ime and expe~lses iBcarFed .['or each. Basic: Services, as generally outlined in CONSULTANT TEAM Pr'opos a 1 clut cd Augu~ L "~ 1089 shal] be identified and described as part of a WORK ORDER requcst lng CON~iULTANT 'I'E Abl scrv Jces. Such WOI~t{ ORDERS shall generally take the form of WONK ORDER Exhibit 1. b. Extra Con.-;ullant Team Services The CONSULTANT TEAM shall provide extra services for specJ fic projects and assignments goner'ally considered beyond the scope of, but directly related [o, Basic Services descri, bcd within the cur,'ertl WOh'K ORBER. These additional, services shall be related ko speci f:ic projects, elements or portions of project elements, in which the fees are ant:icipated Lo substantially exceed the basic services fee. These services shall be authorized by written amendment [o ibis agreement. Such amendments shall generally take thc form of WORK ORDER AMENDMENTS similar to lhe example atta(:hc~d as Exhibit 2. 2. COMPENSATION AND METHOD OF PAYMENT a. Basic Services The CITY shall pay Lhe CONSULTANT TEAM for' expenses incurred providing the basic services outlined :in the curreni WORK ORDER. The CITY shall, pay the CONSULTANT TEAM based upon the payment method and amount outlined in i~he current ~OIlK ORDER. All requests for payment shall be supported by a t. Jme and detailed expcns~ summary outlining the services rendered. b. P~t}mc~its to CONSULTANT The CONSULTANT TEAM shall submit to the CITY a billing cover':lng work performed during each month. The CITY shall pay the CONSULTANT TEAM within thirty (30) days of rc(:e:ipt of the payment request. If the CITY fails to make any payment thirty (30) days rl'.ftc~r rcc:c'.il) l. of Ihtc [)ayillCli[ l'eql.lc~aJ, there shall bc added to thc unpa'[d balance of each request interest al the tale o.l' one and olio-half t~crcent (1-.1,,"2~;) per' month from said thirtieth (30th) day. 3. DIRECTION OF EFFORT ~. The CITY has as Director, Ill ¢t [ [.ers. appo i n t. cd w b o s h a 11 thc Cit. y Administ. l'utor/'Clcrk represent the CITY in all 2 o b. The CONSULTANT TEAM i.s made up of the following firms w:ith primary role and key personnel listed: Jensen-Belts Associates -.- Team Leader, planning, landscape architecture (Don Belts) site Land Dynamics (Chris Korte) Land acquisition, grant research Toothman-Orton Engineering Company (Richard F. Orton, Jr.) - Engineering McCall Design Laidla[~) and Planning Architecture (Andy In the event it become necessary to replace the above personnel, the CONSULTANT TEAM shall provide an equally competent person with 'the prior approval of the CITY. TERM Tit:is contract shall commence on 'thc day of , 1989, and shall extend for a period of 'three years or until the anticipated project: is completed, ~hich ever' comes first. This contract may be extended by the mutual consen't of the parties. PROFESSIONAL STANDARDS CONSULTANT TEAM shall render services under this Agreement in accordance with generally accepted professional practices and standards for' the intended use of the project, and makes no other warranty, either express or implied. INSPECTION AND REVIEW OF WORK The CITY sha].l review and inspect ail aspects of the work undertaken as part of this contract. RECORDS The CONSUI, TANT TEAM shall maintain accounts, records and other evidence; pertaining to the costs incurred in the performance of work under this contract. Such records and evidence shall be maintained at the CONSULTANT TEAM offices. The CITY, or duly authorized representatives, shall have access to any books, documents, papers, and records of the CONSULTANT TEAM which are directly pertinent to this specific contract, for the purpose of making audit, examination, excerpts and transcriptions. 10. 11. All required records wi.l] be maintained CONSUI,TANT 'I'EAM .f'ou I hrc:e (3) yeai's;. b y t lie OWNERSHIP OF DATA The ownership of data and information acquired devel, oped, collected and documented under this Con t. racl, shall be vested solely w.i t.h l. he CITY, except that the CONSULTANT TEAM may, at no addilional expense [o the CITY, make and rel. ain 5ui:h additional, copies thereof as he desired for his own AMENDMENTS The CITY and CONSULTANT TEAM may, from l.[me ici time, desire changes ill Contra,:t provisions and the scope of thc services of the CONSULTANT TEAM to be performed hereunder. Such changes, including any increase of decrease in t. he amount of the CONSUI, TANT TEAM compensation, which are mutually agreed upon by and between the CITY and the CONSULTANT TEAM shall be incorporated in written amendments to this Contract . ASSIGNABILITY The CONSULTANT TEAM shall not subcontracl, nor assign any interest in this Contract and shall not transfer uny interest in Ihe s~me, w:ithou[ the prior written consent of the CITY thereto: provkded, however, that t:la.ims for money clu(:~ or 1o become due 1o the CONSULTANT TEAM from the CITY under I'.his Contract may be assigned l.o a bank, trust company, or other financial institution without such approval.. Notices oF uny such assignment or ti'ansi'er' shall be furnished promptly ko the CITY. INTEREST OF THE CONSULTANT TEAM AND EMPLOYEES The CONSULTANT TEAM covenants that no person who present ] y ex c~"c i s c:s any func t i ohs or responsibilities in connection with the project has any personal financial interest, direc[ of indirect in this con t ra~::t. The CONSULTANT TEAM further covenants that in the pel:'fo~'niunce of lhis Contract. no pel'son having any conflicting lute,est shal. l be t~mi>] eyed. Any such int crcst on t he part of t he CONSULTANT or his empl. oyee must be disclosed to the CITY. 12. 13. CHOICE OF LAW This agl"eemenl slla]] b~: deemed [o have been made, executed and delivered within the State of Idaho, and it is cxpr'essly agreed by the parties that is shall bc construed according to the Laws of the Si. ate. of Idaho. TERMINATION This Contract may be terminated by either [,arty afte,' sixty (60) days written notice to the other par ty. In t he event t he CITY terminates this Agreement, the CITY shall be obligated to pay the CONSU1,TANT TEAbl an amount equal ia value to that the services satisfactorily performed until the time of ter'minalJons, plus monthly retainers until effective date of termination. 14. NON-DISCRIMINATION The CONSUI, TANT TEAM will not discriminate against any employee or applicant for employment because of age, race, color, religion, sc.x, or national origin. 15. ACTS OF GOD 16. 17. Nt:ither party shall hold the other responsible for damages or delay in performance caused by Acts of God, str'ilies, ].ocltouts, accidents, or other eveni.~; beyond t:he control of the other or the other's employees and ascents, LITIGATION Should ]it. Sgation or arbitral:ion oc:cur between t. he betueen the tuo parties relating to the provisions of I. his Agreement, all litigation or arbitration expenses, collection expenses, witness fees, court costs and attorney fec. s incurred by the prevailing party shall be paid by the non--prevailing party. LIMITATION OF LIABILITY The OWNEI~ recognizes that thc CONSULTANT TEAM fees include allowance for funding a variety of risks which affect, t. he CONSIILTANT TEAM by virlue of agreeing to perform services on the OWNER's behalf. One of these ~'isks stems from the CONSULTANT TEAM potenl:ial for human error'. In order for the OWNER to obtain I. he bt~nefi t.s of a fee which includes a lesser allowance for risk funding, the OWNER agrees ~o limit the CONSIII,TANT TEAM ]J~bil:ity ~o the OWNER ar'Js:ing from the CONSUI, TANT TEAM t,r'ofessional acts, errors or omissions, such that the total aggregate .liabilily of the CONSIII,TANT TEAM to the OWNE~ shall I1O[ exceed the CONSI!LTANT TEAM total annual Fee for Ihe serv.ir:os rendered. 18. SEPARABILITY In the event any provi'~-~.ion of thSs Agl'eemnenl. shall be held t.o be inval id and unenforceable, the remuJn:ing p~'ovis:ions ~;hall be separably therefrom va[id and binding upon the parti~:s. One or more wu.ivers by either pur't'y o:1' uny provis.ion, lerm, condition, or covenant shall not be construed by the other party us u ~a:iver' of a subsequent breach of the same. IN WITNESS WIIEItEOF, the par't. Jes hereto have hereunto hand the date first above written. set their ATTEST: CITY OF McCall: Art. hut' J. Schmidt, Clef'ti ATTESTED: TOOTHMAN-ORTON ENGINEERING ~OMPANY ~~ _ Richard F. Or[on, Jr. Pi'es i den t JE~ By_ 1') o~ SEN-BELTS ASSOCIATES tcipal ~ WORK ORDER NO. and CITY OF MCCALL 1989 PARK RECREATION PROJECT JBA NO. DATE: PROJECT NAME: CLIENT NAME: INSTRUCTIONS FROM OWNER: 1 JENSEN-BELTS ASSOCIATES McCall Park and Recreation Project City of McCall See At%ached 7 of 7 pages METHOD OF PAYMENT: See Attached 7 of 7 pages Con[ rac't Amount $30903.00(not to exceed un].ess attthorized Al. 1 accounts are due and payable within 30 days from the billing (late. Overdue accounls shall be subjecl to a 1~ 1/2~ per month service charge. Extent of the Consultant's liability shall be limi[ed to the fee stipulated 5n this agreement. AUTIIORIZED BY: Telephone: .Address: S i gna t ute ORDER ACCEPTED BY: Date: JENSEN BELTS ASSOCIATES Date: Instructions: Fill in al.I_ spaces in t:he above c.ntract portion of ih.is work order'. Ali I, ar't, ies shall sSgn and dale. Consult, ant ~o k*._p original. Copy to client INSTRUCTIONS TO CONSUl, TAN'r: No add:itionn] instruct, ions ORDER TAKEN BY: l)on Belts DATE: 1 of 7 WORK ORDER 1 INSTRUCTIONS Three tracts of work will be conducted concurrently: The first tract involves land acquisition; the second grant, research; and the khird [rack ks site planning for the lakefront park from Third gl;reek (extended) lo McCall Mill Park. This cover's worl{ generally outlined as Tasks I, II and III in CONSULTANT TEAM Proposal dal. ed August~,'.~° 19~9 General Tasks Review the exisl..ing program and budget with Recreation Advisory Committee (hereinafter the "Advisory Commi ! [ ..e ) . the Parks and referred to as * Review all information pertaining to khe project as provided by the .,:ti'5' and Advisory Cummi. tlee (maps, plans, meeting notes, rel:,orks, appraisals, et{-:.) * Develop planametric map at 1.00 scale from existing data (subdivision plats, assessors maps, etc.). Does nok include any surveying. Plan will include road right~--of-ways and property lines. The map wilt cover general study area and is l.o be used For land acquisition and general planning (not for final design or description writing.) D~,velop 20 scale base map of ]akefronl park. Da[a from existing mapping is sufficient for this phase of the project. No new data need be generated at t. his point. It will be used to record [he final site development plan. I, and Acquisition Tasks Note: Discussions w.i)h the various landowners will be hand]ed by t:he CITY. We have attempted to be as specific and thorough as possible :in identifying these tasks. There still remains some unknowns. We have estimated the level of participation required, buk there may be additional services requ:ired. The City wi]] be advised of such extra services and the Consultant Team will not proceed wi. th extra services without permission from the City. Century 21 Parc-el (direct. ion from City is to purchase property): Review title reports and perkinen! maps and documents. * Develop acquisiti,,n options to present t:o the Advisory Commikte(? and the City For review, cerumen[ and ac[ion. Options will be pr ..... eared in ]ett'~r format Ra:ilrr)ad Right Of-Way (Parcel Behind Cil:y Complex): * Review title report on Railroad Right-Of.Way and maps and dOCk,men! s. pert [nent 2 ~.,f 7 Analyze potential easement rights (will require Consul rant T~.am consul t al ] on wi lb Iegal counsel ). some * Explore alter'note routes for recreational corridor (this is considered to be part of ~he acquisition s[ra~egy). * Develop acquisition t, ptions to present to Committee and the City for roviow, comment Options will be presented in letter' format. the Advisory and act ~on. RaJlrt, ad R:ighl--Of- Way (Chitwood, School. District and State of Idaho Parcels): * l?evicw t:itle reports and perl::inent maps and documents. Develop acquisition options to present to the Advisory Committee and lhe City for review, pomme,,t, and act. ion. Options wi. Il be presented in letter format. Grant l~esearch Tasks ,Note: Iqorl{ during It, is task will end with the Summary Report. ~hen specific funding sources have been i. dent ifi. ed and the level of effort required to l~Ur'sue such sources tie. at, pi:teat, ion preparation, presentations, graphics, etc.) can be ascertained, a work order can be initial, ed direcl, inp~ [he Consult, ant Team complete the required task. * Explore potential funding sources direct grants, match grants). and sl..rat egi cs (lc. * ldenti.f'y viable funding sources and st:rategies. * Prepare a summary of x.'iol, le funding sources and strategies 1,', present !,.) th(' ldvis(,~'y Commit. tee and 'lhe City for review, c:o.lm,:'nt:, and action. Summary wiI1 be presented 'in report format. Site Planning Tasks Not e: Wor'k here will focus on the lal;efront park from Third Street (extended) to ~i]l Park. The tasks identified below are t, rerequ5 site Io the consl ruction document phase of project. development. Services during the construction document phasr-, will be defined in ]aler work orders. Review existing site planning (plan and report). Schematic Plan by McCall Design and Planning will be the basis for final plan. Refine exist ins schemnt.:ic to develop Final Site Deve]opmen! Plan and prepare Preliminary Cost Estimate to present to the ^dvisory Commit lee and Ihe City for review and comment. 3 of 7 l~evise Site Dev~,lopmen! Plan and Cost Est-in, ate as review comments mentioned in the previous task. per * Work with the Advisory Committee and Ihe City to :identify development priorities, within current budget parameters, nnd estnb] ish fir'si phase construct ion. First phase construction is scheduled for completion July 1st, 1990. Pr',:~i,a r e Final Site Development Plan. The Finn] Development Plan wilt be a colored presentation graphic. It ~4]1 identify ail f:irst phase nnd future phased develop- ment. The plan will be useful, as a planning tool_ for fund raising and keeping the community informed anti interested in the project. WORK ORDER 1 COMPENSATION Comr, ensation will generally follow the fee schedule out].ined CONSUI, TANT TEAH Proposr, I dated August~,°° ]989. As described WOrK ORDER 1 INSTRUCTIONS, work here generally covers Tasks I, and II1. Proposed fer, s for those Tasks totaled $46,380.00 (Forty six Thousand Three ttundred Eighty dollars). Estimated fee for WORK O~DE~ 1 :is ~20,903.00 (Thirty Thousand Nine llundred Three dollars~(not to ~ .... ced un s ~ _xc les authorized by amendment). Some unknowns are inhe~'ent :in the firsl WORK ORDER. If :il becomes apparent that significantly more effort than what was proje(':ted, is required to complete the WORK O~DER, the CONSUI, TANT TEAM ~ill appraise th~ CITY and request an amendment. The CONSULTANT TEAM w4l] be compensated on a ii. me and materJa]:~ basis. CONSIII, T^NT TEAM hourly rates are as follows: Jensen-Belts Associates ............... $'IR.00 per hour Land Dynamics ............................................ $,12.00 per hour Toothman-Orton Engineering Company ....... $75.00 per hour McCall Design and Planning- $50.00 per hour 4 o f 7 WORK ORDER 1 COMPENSATION fo, l lowing target dates have been established for key WORK alteration clue The CITY will be T h e ORDEP tasks. Century 21 Parcel ....................................... December 1 , 1989 Ra:i'lr'oud R;ight- Of Way (Parcel Beh.ind CL[y Iia11) .......................... January 5, 1990 Railroad Right---Of--Way (Chitwood, School D:islrict, gl. ale of Idaho Parcels) .............. January 5, lOgO Grant Research Tasks Summary Report December ]5, 1989 gkLe Planning Tasks Pre] im:inary Plan and Cost Est. imale ........................... December ], 1989 *Final Plan .................................................................. January 12, 1990 *Final Cost Esl'imale *Establish First Phase ConstrucLion Thc dates ~dentif:if, d here may require some un[or'seen variables in the planning process. kept advised of necessary alterations. 5 of 7 WORK ORDER NO. 1989 PARK AND DATE: PROJECT NAME: CLIENT NAME: INSTRUCTIONS FROM OWNER: EXHIBIT 1 3ENSEN-BELTS ASSOCIATES a n d CITY OF MCCALL RECREATION PROJECT JBA NO. METItOD OF PAYMENT: Con,Fact Amount All accounts are due and payab], t~.ithi, n ~0 days from the bil. ling date. Overdue ur:counts shall be ~c..bject to a ]-l/°°'~,o per month servJc,, charge. Extent of the Consultant's ]:ial) i].ity shall ] 5mi~ed to the fee st ipu]a[ed :in th.is agre~-'ment. AUTHORIZED BY: Telephone: Address: gnat u.e Dar e: OI?DER ACCEPTED BY: JENSEN-BEI, TS ASSOCIATES Date: Inst,'ur-lions: Fill in all zpaces :in the above contract portion of this work order. Ali parties shall sign and date. Engineer to keep original. Copy 1o client. INSTRUCTIONS TO CONSUI, TANT: ORDER TAKEN BY: DATE: EXHIBIT 2 WORK ORDER AMENDMENT JENSEN-BELTS ASSOCIATES and CITY OF MCCALL 1989 PARK AND RECREATION PRO3ECT JBA NO. D A T E: PROJECT NAME: ti, lENT NAME: INSTRUCTIONS FROM OWNER: METIIOD OF PAYMENT: All accounts are due and payable ~i. thin 30 days from the b:illi, ng date. Overdue accounts shall be subjecL to a 1--1/'2% per month service charge. Extent of the Consultant's liability shall be limited to the fee st:ipulated in th:is agreement. AUTHORIZED BY: Te ] ephone: Address: ORDER ACCEPTED BY: Dnte: JENSEN-- BEI, TS ASSOC IATI?,S D a t e: Instructions: Fi]l i.n all spaces in the above contract, portion o.[' th'is work order. All par'lies sl, nl] sign and dat. e. Engineer t o k e e 1" o r i g i n a ] . C o p y t o c I i e n t . INSTRUCTIONS TO CONSUI, TANT: ORDER TAKEN P,Y: DATE: 7 ,~f 7