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HomeMy WebLinkAbout5.A.1. Transit Convienence/Fare Reimbursement Agreement with Met Council CITY OF SHAKOPEE s: A · J. Memorandum TO: Honorable Mayor and City Council CONSENT Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director RE: Approval of Agreement with the Metropolitan Council for Reimbursement to the City of a Portion of Transit Convenience/Fare Reimbursements MEETING DATE: July 21, 2009 INTRODUCTION & DISCUSSION: The Metropolitan Council has recently completed preparation of a new fare reimbursement agreement. (See attached copy) This agreement, and the exhibits (also accompanying this report), set the rate of reimbursement to the City for various fares that are paid by pre-paid media (Go cards, Metro Passes, tokens, etc.) The exhibits set forth the effective rates to September 2008 and from October 2008 forward. The rates of reimbursement remain virtually the same for those periods. Staff has been awaiting this agreement so that we can submit prepaid media to the Metropolitan Council for reimbursements. AL TERNA TIVES: 1. Offer and pass a motion authorizing the appropriate city officials to execute the "AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF SHAKO PEE FOR TRANSIT CONVENIENCE/PREP AID FARE REIMBURSEMENTS." 2. Table a decision and request additional information from staff and/or the Metropolitan Council. STAFF RECOMMENDATION: Staff recommends Alternative No.1. ACTION REQUESTED: Offer and pass a motion authorizing the appropriate city officials to execute the "AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF SHAKO PEE FOR TRANSIT CONVENIENCE/PREP AID FARE REIMBURSEMENTS." AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF SHAKOPEE FOR TRANSIT CONVENIENCEIPREP AID FARE REIMBURSEMENTS THIS AGREEMENT is made and entered into by and between the Metropolitan Council, a public corporation and political subdivision of the State of Minnesota, ("Council"), and the City of Shakopee ("Provider"). WHEREAS: 1. The Metropolitan Council is authorized by Minnesota Statutes, section 473.408, to establish and administer fare structure in the Twin Cities Metropolitan Area, referred to as the "region" in this agreement. 2. The regional fare structure provides regional fare levels and regional fare tools for the use of all regional transit providers to accept as payment for rides. 3. The Provider is a regional transit provider that provides transit service subject to the regional fare structure. 4. The Council's Metro Transit division administers all convenience/prepaid fare programs and is the recipient of all convenience/prepaid fare revenue. 5. Convenience/prepaid fare revenue is distributed on a per ride reimbursement basis to eligible providers in an equitable manner as determined by the Council. 6. The purpose of this agreement is to define the terms and conditions under which the Council, through its Metro Transit division, will distribute convenience/prepaid fare revenues to the Provider, including fares that are eligible for reimbursement, the reimbursement value per ride of various convenience/prepaid fares, data collection requirements, and required methods for the reimbursement process. NOW, THEREFORE, the above-named parties hereby agree as follows: 1. Definition of a Convenience/Prepaid Fare. A Convenience/Prepaid Fare is defined as a fare prepaid by a customer prior to a transit ride. A Convenience/Prepaid Fare allows a customer to board a regional transit vehicle by using the pre-paid fare media, in whole or in part, instead of cash for payment of the transit fare. 2. Types of ConveniencelPrepaid Fares; Reimbursement Value. a. At the time this agreement is entered into, the region uses the following types of Convenience/Prepaid Fares: . tokens, . stored value cards, 1 . stored ride cards, . 31-day passes, . MetroPasses, . V-Passes, . College Passes, and . two types of mobility passes. b. The reimbursement value per ride of Convenience/Prepaid Fare rides in effect from the effective date of this agreement through September 30, 2008 is set forth in Exhibit A to this agreement. The current reimbursement value per ride of Convenience/Prepaid Fare rides in effect from October I, 2008 through the termination date of this agreement is set forth in Exhibit B to this agreement, subject to adjustment as provided for in this agreement. c. Tokens, stored value cards, stored ride cards, MetroPasses, V-Passes, Mobility Passes, and the like are sold at a discount from their face cash value and thus have a reimbursement value per ride equal to the discount applied to the per ride face cash value. The two key elements of determining the reimbursement value per ride are: (1) the fare in effect at the time of usage and (2) the fare product. For most fare products, the reimbursement value per ride rate is the discounted value of the fareset, as shown in either Exhibit A or Exhibit B, depending on the date on which the ride was provided. d. 31-day passes, reduced fares and 10-ride cards sold at rates in effect before October I, 2008 are not included in Exhibit B. For transition purposes, however, the applicable rates are included in the two alternative Convenience Fares Reimbursement Tracking Forms usable from and after October 1, 2008 and attached as Exhibit D. 3. Fare Adjustments. If the Council adjusts regional fares during the term of this agreement, it shall prepare a revised Exhibit B reflecting any changes in the current reimbursement value per ride of various classes of rides in accordance with the methodology described in Section 2 above. The Council shall provide written notice and a copy of the revised Exhibit B to the Provider. The revised exhibit, including the reimbursement value per ride of each type of ride, shall be effective upon the effective date of the fare change and without formal amendment of this agreement. 4. New Convenience/Prepaid Fare Tools. Periodically, new Convenience/Prepaid Fare tools may be developed for the region by the Council. The reimbursement value per ride for any such new tools will be determined by the Council using the methodology described in section 2. Distribution of revenues from any such new Convenience/Prepaid Fare tools developed for the region during the term of this agreement shall be governed by the provisions of this agreement. In the event the Council develops a new Convenience/Prepaid Fare tool as described in this section, it shall prepare a revised Exhibit B incorporating the reimbursement value per ride of the new fare tool. The Council shall provide written notice and a copy of the revised Exhibit B to the Provider. The revised exhibit, including the reimbursement value per ride of the new fare tool, shall be effective upon the effective date of the new fare tool and without formal amendment of this agreement. 2 5. Regional Transfer Reciprocity. The Council's regional fare structure provides for full regional transfer reciprocity among all regional transit providers subject to the regional fare structure. That is, all regional transit provider issued transfers shall be accepted by all other regional transit providers without charge and without seeking any reimbursement of Convenience/Prepaid Fare revenue for such transfers. The Provider agrees to implement regional transfer reciprocity in accordance with this section and no transfer rides shall be included in the Provider's requests for reimbursement of Convenience/Prepaid Fare revenue. In order to implement this policy the Provider shall operate its system in accordance with the following guidelines: . If a ConveniencelPrepaid Fare tool is used as a transfer, the Provider shall ensure that its fareb.ox driv~r displays will read "TRAN;SFER'~, and that t~e fare box dat~ s}!ste~ill classIfy the fide as a transfer. /~d~ ~~ ~ ;;u:TL#7'" .~ . If the Provider's drivers record pass usage manually, he Provider shall ensure that its drivers do not record a transfer on a Convenience/Prepaid Fare card as a ConveniencelPrepaid Fare ride. Rather it shall be recorded and classified as a transfer. 6. Reimbursement for ConveniencelPrepaid Fare Eligible Rides. Subject to the limitations and reductions provided for in this section and the regional transfer reciprocity provisions of section 5, the Provider shall be reimbursed for the reimbursement value of all Convenience/Prepaid Fare eligible rides provided during a billing cycle. a. Pre-sold Portion Limitation. The Provider may request reimbursement only for the pre-sold portion of a fare. For example, a customer boarding a peak express bus with a low denomination 31-day pass must supplement the ride with cash in the fare box. In such case, the Provider shall retain the cash amount and may only request reimbursement based on the pre-sold portion of the fare. For rides provided before October 1,2008, Exhibit A provides the reimbursement value per ride of the various 3 I-day pass rates. For rides provided on and after October 1,2008, Exhibit B provides the reimbursement value per ride of the various 31-day pass rates, except for those 31-day passes sold at rates in effect before October 1, 2008 where the applicable reimbursement value per ride is instead included, for transition purposes, in the two alternative Convenience Fares Reimbursement Tracking Forms attached in Exhibit D. b. Reimbursement Reductions. The following percentage reductions will be applied to the gross amount of reimbursement to the Provider for Convenience/Prepaid Fare eligible rides provided during the billing cycle: . 1.81 % for commissions paid to outlets who sell Convenience/Prepaid Fares, and . for any provider not involved in Motor Vehicle Excise Tax revenue sharing through the Regional Transit Fund, an additional 5.31 % administrative fee. 7. Data Collection. The Provider shall maintain an adequate level of data collection on which to base any application for reimbursement from ConveniencelPrepaid Fare revenue. a. Electronic Farebox Data Collection. If the Provider can use information from the fare box software, it is the most accurate level of detail and shall be used by the Provider for data collection. With the implementation of the "Go-To Card" (or smart card) a 3 similar level of information detail is available to regional providers through the smart card database administered by Metro Transit. Such information is available through secured channels to the Provider and shall be used by the Provider for data collection. b. Manual Farebox Data Collection. If the Provider is unable to utilize the GFI data system in order to collect the necessary data because of the Provider's software limitations, it may collect the data using a manual procedure. In order to request Convenience/Prepaid Fare reimbursement, the Provider will collect from farebox and smart card data, the fareset (fare in effect), ride type, Convenience/Prepaid Fare value and Convenience/Prepaid Fare type. 8. Reporting of Data and Requests for Reimbursement. a. Attached in Exhibit C are an "Electronic Convenience Fares Reimbursement Tracking Form" and a "Manual Convenience Fares Reimbursement Tracking Form" for use in requesting reimbursement for rides provided from the effective date of this agreement through September 30, 2008. Attached in Exhibit D are an "Electronic Convenience Fares Reimbursement Tracking Form" and a "Manual Convenience Fares Reimbursement Tracking Form" for use in requesting reimbursement for rides provided from October 1, 2008 through the termination date of this agreement. b. For the relevant ride period, the Provider shall use one of the Convenience Fares Reimbursement Tracking Forms as specified below, or such other form as may be specified by the Council, in order to report Convenience/Prepaid Fare eligible rides provided during a billing cycle and to request reimbursement of Convenience/Prepaid Fare revenue. The Provider shall use the "Electronic Convenience Fares Reimbursement Tracking Form" for reporting purposes unless it is authorized pursuant to Section 7(b) to utilize manual farebox data collection. In such case, it may use the "Manual Convenience Fares Reimbursement Tracking Form" for reporting purposes. c. Requests for reimbursement by the Provider may be submitted on a calendar monthly or calendar quarterly basis, at the Provider's option. The Provider shall request reimbursement by submitting a Convenience Fares Reimbursement Tracking Form for the applicable billing cycle accompanied by an invoice. The Provider shall submit the form and an invoice for each billing cycle no later than 30 calendar days after the end of the billing cycle or within 30 calendar days from the effective date of this agreement, whichever is later. The form and invoice shall be submitted to the following address or such other address as the Council may designate in writing to the Provider: Metro Transit 560 Sixth A venue North Minneapolis, MN 55411-4398 Attn: Lynn Wallace L ynn. wallace@metc.state.mn.us 612-349-7709 4 9. Council Review of Forms and Invoices; Payment. Upon receipt, the Council shall review the Provider's Convenience Fares Reimbursement Tracking Form and invoice. The Council retains the right to request additional information prior to payment and to withhold payment until proper information is received from the Provider. The Council shall remit the undisputed amount of any invoice to the Provider within 30 calendar days from receipt of the invoice or within 30 calendar days from the effective date of this agreement, whichever is later. 10. Maintenance of Records; Audit. The Provider agrees to maintain during the term of this agreement and for six years following such term, records and files related to the reimbursement requests made by the Provider under this agreement including, without limitation, the ridership on which the requested reimbursements are based. During the time of such maintenance, authorized representatives of the Council, the Legislative Auditor, and the State Auditor shall have access to all such records and files for the purpose of inspection, audit, and copying during normal business hours. 11. Relationship of Parties. Nothing in this agreement shall be deemed or construed as creating the relationship of principal and agent, of partnership, or of joint venture between the parties. 11. Reservation of Rights. Nothing in this agreement shall be deemed or construed to modify or limit any statutory authority or legal obligations or responsibilities of the Council. 12. Duration of Agreement; Termination. This agreement shall be in effect retroactively to July 16, 2007 and shall apply to billing cycles occurring on or after that date. The term of this agreement shall extend from July 16, 2007 through December 31, 2009. This agreement may be terminated, at any time, with or without cause by either party, upon 30 calendar days written notice to the other party. 13. Effective Date. This agreement is effective upon execution by authorized representatives of both parties. 5 IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly authorized officers on the dates set forth below. METROPOLITAN COUNCIL CITY OF SHAKO PEE By: By: Regional Administrator Date: Date: Approved as to Form: Approved as to Form: By: By: Office of General Counsel Metropolitan Council 6 EXHIBIT A REIMBURSEMENT VALVE PER RIDE OF CONVENIENCEIPREPAID FARE RIDES (from effective date of this agreement through September 30, 2008) 7 EXHIBIT B CURRENT REIMBURSEMENT VALUE PER RIDE OF CONVENIENCEIPREP AID FARE RIDES (from October 1,2008 through termination of this agreement, subject to adjustment as provided for in this agreement) , 8 EXHIBIT C ELECTRONIC AND MANUAL CONVENIENCE FARES REIMBURSEMENT TRACKING FORMS (from effective date ofthis agreement through September 30,2008) 9 EXHIBIT D ELECTRONIC AND MANUAL CONVENIENCE FARES REIMBURSEMENT TRACKING FORMS (from October 1,2008 through termination of this agreement, subject to adjustment as provided for in this agreement) 10 EXHIBIT C-2 Manual Convenience Fare Reimbursement Reporting Form (through September 30, 2008) Provider: MonthlY ear: Peak Peak Off-Peak Off-Peak Off-Peak Express/U pass Local/Upass Express/U pass Local/Upass LM*, Sr.,Youth Tokens TOTAL $2.500 $1.818 $1.818 $1.364 $0.500 $1.364 Route # Passenaers Passengers Passengers Passenqers Passenqers Passengers Passengers Weekday -:- . Passenger Totals 0 0 0 0 0 0 0 Reimbursement $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Reimbursement is calculated by multiplying the ridership total in each column by the discounted value stated above. *LM fares are $.50 during the peak and off-peak periods. REQUEST FOR PAYMENT Total Reimbursement Amount: $0.00 **Multiplied by the Net Reimb. Ratio 98.19% Equals the Net Reimbursement $0.00 **A net commission charge of 1.81% is applied. Total Reimbursement Amount: I $0.001 EXHIBIT B - CURRENT REIMBURSEMENT VALUE PER RIDE OF CONVENIENCE/PREPAID FARE RIDES (from October 1, 2008 through termination of this agreement, subject to adjustment as provided for in this agreement) GFI Fareset Fareset 1 Fareset 2 Fareset 3 Fareset 4 Fareset 8 Cubic Service Level SL 1 SL2 SL3 SL4 SL5 Description Off-Peak Local Peak Local Off-Peak Express Peak Express Long Distance Express Base Value $1.75 $2.25 $2.25 $3.00 $4.75 Fare Tool Token $1.591 $1.591 $1.591 $1.591 $1.591 Stored Value Card - all denominations $1.591 $2.045 $2.045 $2.727 $4.318 Stored Ride Card $0.682 $2.045 $0.682 $2.045 $2.045 31-Day Pass - $1.75 value $1.591 $1.591 $1.591 $1.591 $1.591 31-Day Pass - $2.25 value $1.591 $2.045 $2.045 $2.045 $2.045 31-Day Pass - $3.00 value $1.591 $2.045 $2.045 $2.727 $2.727 Metropass $1.591 $2.045 $2.045 $2.727 $2.727 U-Pass $1.591 $2.045 $2.045 $2.727 $2.727 College Pass $1.591 $2.045 $2.045 $2.727 $2.727 Mobility Pass $0.682 $0.682 $0.682 $0.682 $0.682 EXHIBIT 0-2 Manual Convenience Fares Reimbursement Tracking Form Effective 10/01/08 MonthlY ear: Regular Fare $3.00 $2.25 $2.25 $1.75 $0.75 $1.75 Peak Peak Off-Peak Off-Peak Off-Peak Express/U pass Local/Upass Express/U pass Local/Upass LM*, Sr.,Youth Tokens TOTAL $2.727 $2.045 $2.045 $1.591 $0.682 $1.591 Route # Passengers Passengers Passengers Passengers Passengers Passengers PassenQers Weekday Passenger Totals 0 0 0 0 0 0 0 Reimbursement $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Reimbursement is calculated by multiplying the ridership total in each column by the discounted value stated above. *LM fares are $.75 during the peak and off-peak periods. REQUEST FOR PAYMENT Total Reimbursement Amount: $0.00 **Multi lied b the Net Reimb. Ratio 98.19% Equals the Net Reimbursement $0.00 **A net commission charge of 1.81% is applied. Total Reimbursement Amount: I $0.001 EXHIBIT 0-1 Electronic Convenience Fares Reimbursement Tracking Form Effective 10/01/08 Provider: For the month of (or quarter of): Unit Discounted Value Rides Reimbursement Value TOTAL GFI and Fareset 1 Fareset 2 Fareset 3 F areset 4 F areset 8 F areset 1 Fareset 2 Fareset 3 F areset 4 F areset 8 Fareset 1 F are set 2 F areset 3 F areset 4 Fareset 8 Regionalfare Service Level 1 Service Level 2 Service Level 3 Service Level 4 Service Level 5 Service Level 1 Service level 2 Service Level 3 Service Level 4 Service Level 5 Service Level 1 Service Level 2 Service Levei 3 Service Level 4 Service Level 5 Database Off-Peak Local Peak Local Off-Peak Exp. Peak Express Long Dist. Exp. Off-Peak Local Peak local Off-Peak Exp. Peak Express Long Oist. Exp. Off-Peak Local Peak Local Off-Peak Exp. Peak Express Long Oist. Exp. Media Description Location $1.75 Fare $2.25 Fare $2.25 Fare $3.00 Fare $4.75 Fare $1.75 Fare $2.25 Fare $2.25 Fare $3.00 Fare $4.75 Fare $1.75 Fare $2.25 Fare $2.25 Fare $3.00 Fare $4.75 Fare Token tt029 $1.591 $1.591 $1.591 $1.591 $1.591 1 1 1 1 1 $1.59 $1.59 $1.59 $1.59 $1.59 $7.95 31 Dav Pass Imaanetlc and Go-Tol . $1.50 Pass tt045 $1.364 $1.364 $1.364 $1.364 $1.364 1 1 1 1 1 $1.36 $1.36 $1.36 $1.36 $1.36 $6.80 $1.75 Pass ttp2 $1.591 $1.591 $1.591 $1.591 $1.591 1 1 1 1 1 $1.59 $1.59 $1.59 $1.59 $1.59 $7.95 $2.00 Pass tt046 $1.591 $1.818 $1.818 $1.818 $1.818 1 1 1 1 1 $1.59 $1.82 $1.82 $1.82 $1.82 $8.87 $2.25 Pass tt03 $1.591 $2.045 $2.045 $2.045 $2.045 1 1 1 1 1 $1.59 $2.05 $2.05 $2.05 $2.05 $9.79 $2.75 Pass ttp47 $1.591 $2.045 $2.045 $2.500 $2.500 1 1 1 1 1 $1.59 $2.05 $2.05 $2.50 $2.50 $10.69 $3.00 Pass tt041 $1.591 $2.045 $2.045 $2.727 $2.727 1 1 1 1 1 $1.59 $2.05 $2.05 $2.73 $2.73 $11.15 Stared Value Cards (maanetic & Go-Tal ttp 5. 6, 7. 43 $1.591 I $2.045 I $2.045 $2.727 $4.318 1 1 1 I 1 1 $1.59 $2.05 $2.05 $2.73 $4.32 $12.74 Stored Ride Cards (maanetic & Go-To ttp 33. 34. 35 $0.882 I $2.045 I $0.682 $2.045 $2.045 1 1 1 I 1 1 $0.68 $2.05 $0.68 $2.05 $2.05 $7.51 Metropass tto42 $1.591 I $2.045 I $2.045 $2.727 $2.727 1 1 1 I 1 1 $1.59 $2.05 $2.05 $2.73 $2.73 $11.15 U-Pass ttp44 $1.591 I $2.045 I $2.045 $2.727 $2.727 1 1 1 1 1 $1.59 $2.05 $2.05 $2.73 $2.73 $11.15 Colleae Pass Cubic ani $1.591 I $2.045 I $2.045 $2.727 $2.727 1 1 1 1 1 $1.59 $2.05 $2.05 $2.73 $2.73 $11.15 Mobllltv I Flash Pass tt022 $0.682 I $0.682 I $0.682 $0.682 $0.682 1 1 1 1 1 $0.68 I $0,68 $0.68 $0.68 $0.68 $3.40 I Maonetic and Go-To Pass ttp 1. 4 $0.682 I $0.682 I $0.682 $0.682 $0.682 1 1 1 I 1 1 $0.68 I $0.68 $0.68 $0.68 $0.68 $3.40 Upgrade charges paid with Go-To Stored Value Card' Full fare uoarade from $1.50/$1.75 Pass NA - $2.273 --- 1 .... $2.27 $3.85 Full fare uparade from $2.00/$2.25 Pass NA l' 1 $0.682 $2.273 , 1 1 ,:" $0.68 $2.27 $2.95 Full fare uoarade from $2.75/$3.00 Pass NA $1.591 1 $1.59 $1.59 Metpass. C-Pass, and V-Pass to lono dist. expo NA - .. $1.591 Y4 x~ $0.00 $0.00 . $0.00 $0.00 $0.00 $0.00 Other define) NA $0.00 $0.00 Other define NA I I $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Other (define NA I I $0.00 I $0.00 $0.00 $0.00 $0.00 $0.00 Total 14 15 15 16 17 $19.30 I $24.57 $23.20 $29.33 $35.69 $132.09 . Actual upgrade deductions made against Go-To cards are shown in Hummingbird reports. Reimbursement requests should reflect values shawn in Hummingbird reports. Deduct for sales outlet commissions@ 1.81% 1.81% ($2.39) Deduct for administration fees@ 5.31% (not applicable to suburban providers) 5.31% ($7.01) Net Reimbursement $122.69 ) FARE RIDES F areset 3 Fareset 4 SL 3 SL4 Off-Peak Express Peak Express $2.00 $2.75 $1.364 $1.364 $1.818 $2.500 $0.500 $1.818 $1.364 $1.364 $1.818 $1.818 $1.818 $2.500 $1.818 $2.500 $1.818 $2.500 $1.818 $2.500 $0.500 $0.500 EXHIBIT A REIMBURSEMENT VALUE PER RIDE OF CONVENIENCE/PREPAII: (from effective date of this agreement through September 30, 2008) GFI Fareset Fareset 1 Fareset 2 Cubic Service Level SL 1 SL2 Description Off-Peak Local Peak Local Base Value $1.50 $2.00 Fare Tool Token $1.364 $1.364 Stored Value Card - all denominations $1.364 $1.818 Stored Ride Card $0.500 $1.818 31-Day Pass - $1.75 value $1.364 $1.364 31-Day Pass - $2.25 value $1 .364 $1.818 31-Day Pass - $3.00 value $1.364 $1.818 Metropass $1.364 $1.818 U-pass $1.364 $1.818 College Pass $1.364 $1.818 Mobility Pass $0.500 $0.500 S 1.99 SEC. 1.11. REFERENCE TO A PUBLIC OFFICIAL Wherever an appointed public official is referred to in the City Code, the reference shall include such public official or that person's designee. (Ord. 224, August 27, .1987; Ord. 337, July 23, 1992) SEC. 1.12. INCORPORATION BY REFERENCE. References in this City Code to Minnesota Statutes are to Minnesota Statutes 1992, Laws of Minnesota 1993, Laws of Minnesota 1994, and Laws of Minnesota 1995, unless otherwise provided. References to rules, regulations, standards, or models are to those documents in effect on January 1, 1996, unless otherwise provided. (Ord. 408, March 16, 1995; Ord. 445, February 22, 1996) SEC. 1.13. AUTHORITY TO ISSUE CITATIONS. Licensed Peace Officers, Community Service Officers, the Fire Marshal, Fire Chief, Animal Control Official and Building Official are expressly authorized to issue citations against a person, firm or corporation who violates any provision of this Code. (Added, Ord. 610, August 30,2001) SECTIONS 1.14 -1.99. Reserved (The next page is 51.) page revised in 2001 5