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HomeMy WebLinkAboutRES 2023-022BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION No: 20n-J) lha APPROVING THE 2023 DISTRESSED COUNTY SALES AND USE TAX INFRASTRUCTURE IMPROVEMENT PROGRAM AGREEMENT WITH SNOQUALMIE PASS UTILITY DISTRICT WHEREAS: The 1999 Legislature did pass RCW 82.14.370 Sales and Use Tax for Public Facilities in rural counties; and WHEREAS: These funds may only be used to finance public facilities serving economic development purposes il rural counties and finance personnel in economic development offices in the State of Washington; and WHEREAS: The 2023 Distressed County Sales and Use Tax Infrastructure Improvement Program Agreement with Snoqualmie Pass Utility District has been executed by said entity with funding available January 1,2023; and NOW' THEREFORE BE IT RESOLVED: The Kittitas County Board of County Commissioners hereby approves the attached 2023 Distressed County Sales and Use Tax Infrastructure Improvement Program Agreement with Snoqualmie Pass Utility District. ADOPTED this 7th day of February 2023. BOARD OF COTINTY COMMISSIONERS ,,"..S. i ii'! i,:',(;:" S.,o' Y1 =s i c,-i"- -- ".0&^t--=: *: ,'ni ii{' /$. B : : ; 2. i Y-ftest:"'i- ., i *: -.. -' {ioard- Julie Kjorsvik,...44,fri,:,,'ri:s I Deputy Qlerk of the Board- Mandy , WASHINGTON th, Vice-Chairman Commissioner KITTIT Wright, This Contract, dated Fl"t, ?ry , 2023 is made and entered into by and between KITTITAS COUNTY ("County"), a subdivision of the State of Washington, and SNOQUALMIE PASS UTILITY DISTRICT ("Funding Recipient"). 2023 DISTRESSED COUNTY SALES AND USE TAX INFRASTRUCTURE IMPROVEMENT PROGRAM AGREEMENT BETWEEN KITTITAS COUNry AND SNOQUALMIE PASS UTILITY DISTRICT WHEREAS, the purpose of this Agreement is to provide for public facility construction and foster economic development opportunities within Kittitas County; NOW THEREFORE, in consideration of the terms and conditions contained herein, or attached and incorporated and made a part hereof, the County and the Funding Recipient mutually agree as follows: Section 1. Scope of Work. a. Funding Recipient shall provide the services and staff described in its Application for Funds submitted to the Council of Governments, as Exhibit "A" which is attached hereto and incorporated herein by this reference. b. Except as otherurrise specifically provided in this Agreement, Funding Recipient shall furnish the following as required to perform the services, described in Paragraph (a) above, in accordance with this Agreement: Personnel, labor and supervision; technical, professional and other services. All such services, property and other items furnished or required to be furnished, together with all other obligations performed, or required to be performed, by Funding Recipient under this Agreement are collectively referred to herein as "Services." Section 2. Pavment. a. As full compensation for satisfactory performance of the Funding Recipient Services, the County agrees to pay Funding Recipient the sum of two hundred seventy thousand dollars ($270,000.00). b. Additional payment terms: The County will make payment to the Funding Recipient only on a reimbursement basis, as receipts for any items including marketing and/or advertising are submitted to the County. c. Requests for reimbursements must be submitted to: Kittitas County Public Works Attn: Joyce White 411 North Ruby, - Suite 1 Ellensburg, WA 98926 iovce.wh ite@co. kittitas.wa. us Distressed County Soles and Use Tax lnfrostructure Improvement Program Funding Agn""TE,L t d. Timely and accurate financial reporting is required for fund management by Kittitas County Department of Public Works. Financial reporting requirements for all grant awards are listed below: Using Kittitas County Department of Public Works reporting forms, applicants will submit prolect status reporting forms within fourteen (14) calendar days from the end of the reporting quarter as specified below: . Quarter 1 ending date. Quarter 2 ending date. Quarter 3 ending date. Quarter 4 ending date March 31't June 30th September 301h December 31st Recipients may submit reimbursement requests on a monthly basis on Kittitas County Department of Public Works reporting forms. 2. Grant recipients who fail in meeting required reporting requirements are subject to having fundino withheld on the ({5th) dav followinq the end of the reporting quarter. Failure in submitting the required project status reports (two consecutive reporting cycles) may result in award cancellation upon COG review. 3. Financial reporting forms shall be signed by the identified grant official or designee. Section 3. Performan bv Fundinq Recioient. a. Funding Recipient shall not (by contract, operation of law or otherwise) delegate or subcontract performance of any Services to any other person or entity without the prior written consent of the County. Any such delegation or subcontracting without the County's prior written consent shall be voidable at the County's option. b. Funding Recipient shall at all times be an independent Funding Recipient and not an agent or representative of the County with regard to performing the Services. Funding Recipient shall not represent that it is, or hold itself out as, an agent or representative of the County. ln no event shall Funding Recipient be authorized to enter into any Agreement or undertaking for or on behalf of the County. lt is understood that the Funding Recipient and the Funding Recipient's staff and employees are not employees of the County and are not, therefore, entitled to any benefits provided employees of the County. c. Funding Recipient shall comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, and other requirements, now or hereafter in effect, of any governmental authority (including, but not limited to, such requirements as may be imposed upon the County and applicable to Services). Funding Recipient shall furnish such documents as may be required to effect or evidence such compliance. All laws, ordinances, rules, and orders required to be incorporated into agreements of this character are incorporated into this Agreement by this reference. Funding Recipient agrees to obtain all required licenses and permits, and further agrees to keep them in full force and effect during the term of this Agreement. Distressed County Sales and Use Tax lnfrastructure lmprovement Program Funding Ogr""nFEEL Z d. The County and the Funding Recipient agree that in fulfilling the terms and conditions of this Agreement neither shall discriminate on the basis of race, creed, color, national origin, age, sex, marital status, or the presence of a physical, sensory, or mental handicap. e. The Services shall at all times be subject to inspection by and approval of the County, but the County's making (or failure or delay in making) such inspection or approval shall not relieve Funding Recipient of its responsibility to perform the Services in accord with this Agreement, notwithstanding the County's knowledge of defective or non-complying performance, or the substantiality or ease of discovering the same. Funding Recipient shall provide the County with sufficient, safe, and proper facilities and equipment for such inspection and free access to such facilities. f. This contract is subject to review by any Federal or State auditor. Funding Recipient shall promptly furnish the County or its designee, or such Federal or State auditor with such information related to the Services as may be requested by the applicable governmental entity. Funding Recipient shall preserve and maintain all financial records and records relating to performance of Services under this Agreement for six (6) years after contract termination. For such duration after the County makes final payment of compensation due hereunder, Funding Recipient shall provide the County access to (and the County shall have the right to examine, audit and copy, with or without notice) all of Funding Recipient's books, documents, papers and records related to the Services or this Agreement. g. Funding Recipient understands and acknowledges that Funding Recipient is solely responsible for its own reporting and accounting of all state, federal, social security, and local taxes, of every nature, arising from Funding Recipient's performance of this Agreement. All compensation received by the Funding Recipient will be reported to the lnternal Revenue Service at the end of the calendar year in accord with the applicable IRS regulations. h. The grantee shall obligate funding towards construction of the project no later than six months from the time of grant execution (providing the grantee has not submitted the project as being "banked" - COG Policy 2018-05). Obligation is expected to take two forms: consultant contracting or contractor award. Presuming the COG recommends a design only phase of a proposed Public Facility grant, obligation requirements are met on the date of grantee signature on consultant design contract(s). COG recommended construction awards will complete obligation requirements on the date of grantee signature on construction contracts. Failure in obligating grant awards within the prescribed timeframe results in the grant award being remanded back to COG for recommended re-purposing by the Board of County Commissioners. The grantee is obligated to follow Public Facility Fund COG policies in effect at the time of grant award as reflected in the Resolution signature date authorizing recipient contracting. COG policies may be obtained from the Department of Public Works (50e) e62-7523. Distressed County Sales and Use Tdx lnfrastructure lmprovement Progrdm Funding Agn""TEAL e Section 4. Release. lnde nitv. and Hold Harmless The County assumes no liability for the Funding Recipient's actions under this Agreement. Funding Recipient releases and shall defend, indemnify, and hold harmless the County, its officers and employees, agents, representatives, attorneys and/or volunteers, from and against all claims, costs, liabilities, damages, and expenses, (including, but not limited to, reasonable attorney fees) which arise or may arise or be alleged to arise out of or by reason of this Agreement including: Any fault, negligence, strict liability or product liability of Funding Recipient in connection with the Services for this Agreement; Any lien asserted upon any property of the County in connection with the Services for this Agreement; a a a a Any failure of Funding Recipient, or of the Services, to comply with any applicable law, ordinance, rule, regulation, order, license, permit and other requirement, now or hereafter in effect, of any governmental authority; or Any breach of or default under this Agreement by Funding Recipient. Section 5. Comoliance Public Records Law. a. ln compliance with Washington's public records law, the County will retain copies of any documents associated with this Agreement, which may be required by law unless legally exempt from such retention, for any applicable legally required retention period. b. ln the event a public records request is made to the County for documents created in relation to this Agreement, should legal uncertainty arise regarding the disclosability of any documents under federal or state public records laws, the County shall provide notice to Funding Recipient pursuant to Washington's public records act, chapter 42.56 RCW, to allow Funding Recipient to seek a court injunction. c. The County specifically shall not be liable to Funding Recipient for the County's release under public records laws of any documents not protected by trademark, copyright or other law. Section 6. lndustrial lnsurance Waiver. With respect to performance of this Agreement and as to any claims against the County, its Additional lnsureds, officers, agents and employees, the Funding Recipient expressly waives its immunity under Title 51 of the Revised Code of Washington, the lndustrial lnsurance Act, for injuries to Funding Recipient's employees and agrees that the obligations to indemnify, defend and hold harmless provided in this Agreement extend to any claim brought by or on behalf of any employee of the Funding Recipient. This waiver is mutually negotiated by the parties to this Agreement. Distressed County Sales and Use Tox lnfrastructure lmprovement Progrom Funding Oiln""TEEL n Section 7. lnsurance and Endorsements. a. The County may require through a request in writing that the Funding Recipient provide the County with a certificate, binder, or policy of liability insurance, acceptable to the County in an amount specified by the County. b. Such liability insurance shall be such as will protect Funding Recipient, its employees, agents and representatives, from all claims, losses, harm, costs, liabilities, damages and expenses arising out of personal injury (including death) or property damage that may result from performance of the Services or this Agreement, whether such performance is by Funding Recipient or any of its employees, agents or representatives. c. Should the County require such liability insurance, the Funding Recipient agrees to provide proof of insurance prior to commencing performance of this Agreement. d. Copies of the County's written request and the insurance documents provided by Funding Recipient shall be attached to this Agreement and by this reference will be made part hereof. e. Where insurance is requested by the County, all liability insurance policies shall be endorsed to include the County as an Additional lnsured and shall stipulate that the insurance afforded by the policies shall be primary insurance, and that any insurance, self-insured retention, deductibles, or risk retention trusts maintained or participated in by the Parties shall be excess and not contributory to any other insurance maintained by the County. Funding Recipient shall furnish the County a certificate of insurance with Endorsement as evidence that the required policies are in full force and effect. Section 8. Termination. The County may, by written notice thereof to Funding Recipient, terminate this Agreement as to all or any portion of the Services not yet performed, whether or not Funding Recipient is in breach or default. Upon receiving such notice of termination, Funding Recipient shall, except as otherwise directed by the County, immediately stop performing the Services to the extent specified in the notice. ln the event the County terminates the Funding Recipient's Services, the Funding Recipient is obligated and hereby agrees to refund to the County all monies paid for Services not yet rendered by the Funding Recipient, if any, as of the date of the notice of termination. Section 9. Miscellaneous. a. Funding Recipient shall not (by contract, operation of law or othenvise) assign this Agreement or any right or interest in this Agreement without the County's prior written consent. b. This Agreement embodies the entire Agreement between the County and Funding Recipient, and supersedes any and all prior oral or written communications, proposals, conditions, promises, representations, or understandings regarding the Services. No change, amendment or modification of any provision of this Agreement shall be valid Distressed County Sales and Use Tax lnfrastructure Improvement Program Funding O%r""TE1'L , unless set forth in a written amendment to the Agreement signed by both parties. c. Notice for any purpose under this Agreement, except service of process, shall be given by the Funding Recipient to the Kittitas County Commissioners and the Kittitas County Public Works Director, 411 North Ruby, Suite 1, Ellensburg, WA 98926. For all purposes under this Agreement, any notice by the County to the Funding Recipient shall be given to the Funding Recipient's address provided on the signature page, Notice may be given by delivery or by depositing in the U.S. Mail, first class, postage prepaid, certified mail, return receipt requested. d. The section and paragraph headings of this Agreement are for reference convenience only and are not intended to restrict, affect or be of any weight in interpreting or construing the provisions of such sections or paragraphs. e. This Agreement may be executed in one or more counterparts and by facsimile, each of which will be deemed an original, but all of which together will constitute one and the same instrument. f. Funding Recipient warrants to the County that the individual signing on Funding Recipient's behalf has the requisite power and authority to enter into and to perform Funding Recipient's obligations under this Agreement. Funding Recipient further warrants to the County that Funding Recipient has made no misrepresentation or misleading statement in connection with this Agreement, and is not in violation of any applicable law, ordinance, or regulation the consequence of which will or may materially affect Funding Recipient's ability to perform its obligations under this Agreement. g. lf any term or condition of this Agreement or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect the other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Agreement are declared severable. h. The exclusive venue for any action brought to enforce this Agreement or any of its terms shall be in Kittitas County, State of Washington, Distressed County Soles ond Use Tdx lnlrastructure lmprovement Program Funding Aareement' Pdge 6 KITTITAS COUNTY BOARD OF CO MMISSIONERS ht an , Vice-Chairman Commissioner Dated Attest: fierk of the Board- Julie Kjorsvik tr Deputy Clerk of the Board- Mandy APPROVED AS TO FORM Deputy Prosecuting Attorney SNOQUALMIE PASS UTILITY DISTRICT Representative4ll tt "Lb,ive E'rl 6 tt Address LlL' Lt)t-6(,t: u/t ?tr06I Telephone th^51n 0 )f. g Email Dated Jo,,, /J.20>3 Distressed County Sdles and Use Tax lnfrostructure lmprovement Program Funding Aareement- Page 7 Kittitas County Department of Public Works 2023 Apptcation Round DrsrnnssnD Couxrv S^q,I-,ns AND Usru Tax rNnnasrRUCTrIRE IMPROVEMENT PROGRAM APPUCATION The Distressed County Sales and Use Tax Infrastructure Improvement Program supports improvements to infrastructure systems that foster economic development in Kittitas County. The goal is to create economic opportunity through Infrastructure investment. APPLICANT INFORMATION APPLICATION THRESHOLDS Applicant Requlrement: Check-off: 1. The project is improvement to an infrastructure system(s) linked to economic development. 2. A detailed 8r/rXll" vicinity map that clearly shows the project is included in the application package. 3. Distressed County funds are not being substituted for other funds that are already secured. 4. The project involves traditional improvements, instead of 6'non-tradltional" improvements eligible for "Enhancement,' funding 5. Applicant has submitted only one appllcation this round. 6. The locaUregional econornic development organlzation has been informed of the project. Applicant:\snoqualmie Pass Utility District Contact Name:Tom Hastings Address:PO BOX 131 City:Snoqualmie Pass WA Ztp:98068 Telephone:42s-434-6600 FAX: E mail Addrers:thastings@snop.as s. org Office Location:932HyakDrive East Project Name:Water Treatrnent Facility- plan and design Jurlsdiction:Kittitas County X'undsRequest:$270,000 PROJECT BUDGETFundingSourcesDistressed County X'unds Requested:$270.000PreliminaryEngineeringPhaseRight of WayPhaseConstrnctionPhaseProjectTotalIs FundingSecured*YorN?NO$270,000 $$$Other Federal: $0State: $0Local Govemment $0Private: $0YES*Other: $30.000$300,000 $Project Total:Disfiessed County Fund Matching Ratio:s/o90**Note: Your Distressed County Fund matching ratio mast be at lcast ot grcater thnn 70% in order to quaffi forfunding consideration- TTteCOG will not consider any requests which do not provide at lenst 10% mdching funds from a local source$$$$$$$$$$$$$$$$$$Yo$$Vo$Yo$30,000t PROJECT NARRATIVE 1. Proiect Description: Describe the scope of work. Indicate the major work involved, including a brief comparison of existing and proposed conditions. Commercial and residential, domestic water and sewer services are provided in the Snoqualmie Pass area by a Special Purpose Dishict (SPD) named Snoqualmie Pass Utility Dishict (SPUD or District). The Dishict is growing at arate of 27% over the past five years. The District currently has720 customers with 602 active accounts using water. The other 118 lots have secured a connection but not yet built a dwelling on their lot. The Diskict's Water Facility plan was adopted in Decernb er 2019 and indicated the need for more water storage and water production. The Diskict recently completed two test wells looking for more water. The results are not finalized but it does not look promising. Thus, the District has pivoted and is now expediting the construction of a water treatment facility at the wells 2/3 site. The plan is to construct a building to house an ATEC water treatment system and a generator to provide back up power. Currently, these wells are physically disconnected due to poor water quality. The water treatment system will improve the water quality and this water will then be pumped into the water dishibution system. The estimate is that this facility could provide 150-200 gpm. Thus, increasing the District's water production by 33%. This is a much-needed production improvement as the Water Facility plan indicates that the District is lagging behind on production und storage due to the current growth rate. 2. Explain how the infrastructure project will help meet the economic development goals of your community and/or region. If this project is not done, will the anticipated private development still take place? The Snoqualmie Pass area has reached the limitations on water rights. No more water rights will be issued to the area. The District has been aggressive in reducing the missing watsr. The District has repaired dozens of leaks totaling more than 150 gm, installed all new water meters, and installed a fixed radio read system with a portal that allows customers to monitor water usage and set up leak alerts, The District anticipates the number of residences and businesses will double when current planned developments are completed. The District is aware of developers withplans for 450 homes in Hyak with the first project of a 5O-unit condo to start tn2023. The District is also awareof one development in Yellowstone of 150 homes and another of 27 homes. There is also some recent progress in developing the Gold Creek area. The District's customers include ski resorts and supporting services to travelers on Interstate 90 (I-90) such as rest areas, gas stations, hotels, stores, and restaurants. Multiple conversations with the ski resorts have already been initiated to explain the planned improvemonts to the water systern and wastewater heatment facility. The Dishict's additional water production/capacity will encourage residential construction. An increase in residents during recreational and tourist seasons allows commercial enterprises to draw employees during the seasons in which they would be needed most. Increases in production/capacity can allow comrnercial operations to consider off-peak strategizing to expand operating days and evening use. Related but separate ski resort improvements are being planned to accommodate increased demand. Currently, an estimated 30,000 peoplo travel to Snoqualmie Pass area in the winter on peak woekend days, Increasing snowmaking, expanding hours, adding days to the season, and expanding evening skiing, can increase the number of customers the ski resorts can serve while lessening the impacts ofpeak demand seasonal tourism on infrastructure systems such as 3 transportation and parking. Expanding employee coverage over longer operating hours and on additional days will increase the number of full-time equivalent employees at the resorts and support services in the Snoqualmie Pass area. 3. Indicate if the project is consistent with the following applicable state, regional and local plans and prioritization processes : Overall Economic Development Plan - Oflieially Adopted: S[ ,/ Comprehensive Land Use Plan - Officially Adopted: Snoqualmie Pass's Master Plan was first included in the December 2006 update to the Kittitas County Comprehensive Plan and is included in fuIl as Appendix 2 of Kittitas County's Transition 2040 comprehensive plan (adopted June 2019). To comply with the GMA, this Master Plan must be consistent with the land use element and other elements in Transition 2040. Specifically, the District is combining the recently completed land use inventory, guidelines presented in Transition 2040, and the development permits approved by Kittitas County wastewater service demand to forecast growth and wastewater service demand in the Snoqualmie Pass seryice area. If dramatic revisions are made by Kittitas or King County to the SNOPPAC recommendations, the District will revise and update the Master Plan accordingly. Capital X'acility Plan - Officially Adopted: The District Water Systern Plan was adopted July 2021. Community Action Plan (or other community-based plan) - Officially Adopted: N/A Six-Year Transportation Improvement Plan - Officially Adopted: ![A Sitespecific development plans; e.g., Community Master PIan - Officially Adopted: The District's Wastewater General Sewer Plan and Facility Plan were both adopted in Decernber 2019. The Ski Area recently published their updated 2030 Master Development plan. Other tr 4 4. Public Benefit: Please describe the public benefit derived from project completion. The new water heatment facility will immediately meet the current water demands that the District is experiencing. It will also aid in meeting future growth demands. This new water treatment system will ensure that the residents and visitors have safe drinking water. 5, Define the total number of project partners demonstrating project support. A11 communitymembers and commercial businesses support the addition of safe clean water. The Ski Area supports this project as there is the potential to have 200 gm more water during the evening hours when they are active making snow. This additional water production also supports their plans for additional growth which include building new lodges and adding more night skiing. 6. Explain how construction ready this infrastructure project is relative to design completeness and the permitting process. The District is working with HLA on the design engineering phase for the building and treatment system. A pilot study for the treatment system has been completed. The District has applied for a $1.88 million loan from the WA State Public Worl$ Board. Expect to start construction June of 2023, 7. Indicate the Estimated Number of Short Term and/or Permanent Jobs CreatedlRetained by the Project. The water treatment system will generate approx. 200 gpm or increase the District production by 33%. This is needed to meet the current and future growth demands that the District is experiencing. Existing commercial operations such as the Ski Resort will use the additional water productions to add hours to their ski-related operation time in the form of night skiing, days to their operating season by inoreasing their snow-making operations, and year-round operations to their facilities resulting in diversity and more full-time employees. Kittitas County has approved developments without consideration of the limited capacity of the District's domestic water and wastewater systems. The comptetion of the water keatment facility will allow the planned developments to move forward in a sustainable manner. The new construction sparts construction-season jobs for many years as the development occurs. The average home in Snoqualmie Pass requires three seasons to complete The commercial vs. residential mix of ERU consumption has historically been approx. 7 commercial connections for every 100 residents. The usual support businesses ofservices for residential arc anticipated to be supplemented with new business types to cater to year-round outdoor activities. 5 NOTE: Supplemental materials, including transmittal letter, are limited to a maxfunum of twenty (20) pages slngle sided or ten (10) pages doubled sided including all graphics. Submittals shall be l2-point font. COG reserves the right to decline review of submittals that exceed the stipulated length or foil to provide suffrcient font size. Submit the original application to: Kittitas County Department of Public Works 411 N. Ruby, Suite #1 Ellensburg, WA 98926 And to: candie.leader@co.Httitas.wa.us 6 Applicant Certification Certification is hereby given that the infonnation provided is accurate and the applicable attachments are complete and included as part of the application package. I certifu that application thresholds are met at the tirne of application. S, , .')7 jc')I Sign ature Official Representative Date Sponsoring Agency (If Applicable) Signature of Agency Representative Date Typed or Printed Name Date Associate Economic Development Organization Notification The organization listed below has received notification of this project as demonstrated by the signature of the organization's representative. ldn a $,anb,r,l Name of O rganization tolozl*a S Date 7 KITTITAS COTINTY DEPARTMENT OF PUBLIC WORKS DISTRESSED COUNTY INFRASTRUCTURE IMPROVEMENT PROGRAM APPLICATION DUE DATES FY 2023 Distressed County Infrastructure Improvement Program, applications are initially due to Kjttitas County Deparhnent of Public Works for oonceptual approval of the infraskucture project. Distressed County Infrastructure Improvement Program applioants are invited to appear at the COG meeting when the project's criterion is reviewed. APPLICATIONS DUE COG MEETING DATES 2023 Application due Date October 7r2022............. ,,............. COG Applicant Presentation Meeting .October 19, 2022 COG Meeting * *Funding available January l, 2023 8 w11SNOQUALMIE PASS UTLIry DISTRICTWATER SYSTEM IMPROVEMENTSSITE PLANOB NUUAERIOA]E2208 l9-26-UNE NAUS:mAwNG SEKd{211n-d4DSGNED aY: DPsSERm W: *PRELINfiilNARVSUBJECT TO REV[S[@N*H,L,#i2803 RiwRodY6idEs, WA 9E902509.966.7000!d 509.9653t00ffi.hlEivilmo