Ord. 1506-1 2014-12-15ORDINANCE NO.1506-1
An Ordinance of the City Council of the City of Pearland, Texas,
amending Ordinance No. 1506, the 2014-2015 Annual Budget
Ordinance, by; authorizing the City Manager or his designee to take
all actions necessary to facilitate the changes identified herein
without further approval of City Council; providing a savings clause,
a severability clause, a repealer clause, and an effective date.
WHEREAS, the City Council is authorized by law to make changes in the City
budget for municipal purposes and for emergency appropriations to meet a pressing
need for public expenditure to protect the public health, safety, and welfare as a result
of unusual and unforeseen conditions; and
WHEREAS, said amendments are necessary to reflect additional appropriations
for fiscal year 2014 carryovers for revenue and expenses; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City Manager or his designee is authorized to make
appropriations for fiscal year 2014 carryovers as set out in Exhibit A, attached hereto
and incorporated herein by reference for all purposes, as authorized by law for
municipal purposes.
Section 2. That final approval of the PEDC carryovers referenced in Exhibit A
shall be contingent upon approval of said carryovers by the PEDC Board of Directors.
Section 3. That the City Manager or his designee is authorized to take all
actions necessary to facilitate the changes identified herein without further approval of
City Council.
Section 4. Savings. All rights and remedies which have accrued in favor of
the City under this Chapter and amendments thereto shall be and are preserved for the
benefit of the City.
ORDINANCE NO. 1506-1
Section 5. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the
validity of the remaining portions thereof.
Section 6. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed, but only to the extent of such conflict.
Section 7. Effective Date. This Ordinance shall become effective
immediately upon its passage and approval by the City Council.
PASSED and APPROVED ON FIRST READING this the 8th day of
December, A. D., 2014.
ATTEST:
7.U:
TOM REID
MAYOR
`‘►1111111,,
PASSED and APPROVED ON SECOND AND FINAL READING this the 15th
day of December, A. D., 2014.
TIP
TOM REID
MAYOR
2
ORDINANCE NO. 1506-1
ATTEST:
NG LO
Y SEC') TARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
3
FY2014 CARRYOVER RECOMMENDATION
Ordinance No. 1506-1
Exhibit "A"
Department
Revenue $
Expenditure $
Description
Account #
PO #
Notes
General Fund
Human Resources
$6,015
Conference room chairs;
scanners for HR staff
010-1040-542.23-00
142493
Purchase order for conference room chairs only - received 11/03/14. Scanners were not
purchased due to laserfiche project being moved to FY15.
Human Resources
$14,704
Benefit administration fees.
010-1040-555.10-01
Continuing reconciliation of FY 2014 invoices, multiple vendors with invoices still coming
in.
Human Resources
$24,806
Performance audit of benefit
plans.
010-1040-555.11-00
Due to the dependent audit ending later as planned, the performance audit was delayed.
Start date is November 2014.
City Manager
$24,750
Goodman Corp.
010-1020-555.11-00
150676
Transit Study - FY 2014 project, but not invoiced and paid in FY 2014.
Information Systems
$9,656
BerryDunn
010-1085-555.11-00
141317
ERP Consulting.
Information Systems
$52,000
Closed Network Ring/Loop and
Internet
Connectivity/Redundancy
010-1085-565.83-00
(formerly 010-1250)
Projects and invoices not completed in FY 2014.
Information Systems
$15,000
BerryDunn
010-1085-555.11-00
141317
Additional Asset Management Piece.
Information Systems
$15,000
Sciens
010-1085-555.11-00
142627
IT Master Plan Update.
Police Dept
$41,000
SecuraDyne maintenance for
door access, cameras, servers
010-2215-554.31-00
Maintenance invoices received FY 2014.
Police Dept
$102,673
Replacements for 3 wrecked
vehicles
010-2212-565.80-00
150871
Replacements for 3 wrecked vehicles - approved for purchase November 2014.
Police Dept
$4,550
Extreme Tactical, Inc.
00-2212-542.37-01
142430
SWAT Vest equipment.
Police Dept
$36,555
Equipment for replacement
vehicles
010-2212-2213 & 2214-
565.81-00
part of
above
Equipment/radios for wrecked vehicles.
Library
$80,000
FFE for Business Center Drive
Library Expansion
010-1380-564-01-00
Expenditures budgeted for in FY 14 for the design, construction, furnishings/fittings, and
necessary contingencies associated with the expansion of the Business Center Drive
Library (West Side). (1 of 3 Requests)
Library
$12,668
Design/Engineering - Bus.
Center Drive Library Expansion
010-1380-565-01-00
142075
Expenditures budgeted for in FY 14 for the design, construction, furnishings/fittings, and
necessary contingencies associated with the expansion of the Business Center Drive
Library (West Side). (2 of 3 Requests)
Library
$330,000
Construction - Bus. Center Drive
Library Expansion
010-1380-565-03-00
010-1380-565-45-00
Expenditures budgeted for in FY 14 for the design, construction, furnishings/fittings, and
necessary contingencies associated with the expansion of the Business Center Drive
Library (West Side). (3 of 3 Requests)
Fire
$297,125
Pierce Quantum Pumper
2320-565.80-00
141589
New fire engine for Fire Station 3, anticipated delivery March 2015. Remaining payment
on Acceptance.
Fire
$9,839
Tools & Equipment
2320-542.23-00
142532
Firefighting tools and equipment to outfit new fire engine. Dooley Tackaberry Inc.
Fire
$3,850
Wireless Headsets
2320-554.08-00
142436
Wireless headsets to interface with radio and intercom system on new fire engine.
Municipal Emergency Service.
Fire
$1,500
Engineering Services
2320-554.03-00
141323
Engineering services for installation of new antenna on tower at 2703 Veterans Dr. Crown
Castle USA.
Fire
$197,988
COH Radio System
2320-565.81-00
131268
P25 radio system migration, portable radios, dispatch consoles and related equipment.
Fire
$2,920
NFPA Physicals
2320-555.33-09
142555
NFPA physicals conducted in Sept. for remaining three former EMS employees to cross -
train.
Fire
$8,555
EMS Training Equipment
2320-555.33-00
142531
Repair and upgrade of ALS patient simulator mannequin and related equipment.
Fire
$5,000
Vehicle Striping
2320-554.20-02
High visibility striping of code enforcement vehicles moved to Fire Department.
Parks & Recreation
$69,136
Master plan development
010-3395-555.11-00
142230
GreenPlay - Master Plan Development
Parks & Recreation
$2,296
Playground repairs at
Southdown Park
010-3390-553.01-00
PKSD
142463
Lone Star Recreation - Playground Repairs at Southdown Park
Parks & Recreation
$3,680
Scanner stations @ Sr Center &
Kidz Komer
010-3394-542.35-00
SHAF
142529
Axess/North America - Scanner Stations
Parks & Recreation
$17,341
Fees for upgrading and data
migration from CLASS to Active
010-3395-554.30-00
142516
The Active Network - Upgrading, Data Migration, and Purchasing New Credit Card
Readers
Parks & Recreation
$18,450
Money to cover purchase of
mowing equipment
010-3390-565.73-00
The request was originally approved to be purchased in FY15 however we realized we
had funds in the FY14 budget that could cover that so the funding was removed from the
FY15 budget supplemental list. We were able to purchase a portion of the equipment and
have it delivered in time for the year end but need the remaining funds to proceed with
other equipment purchases. Equipment removed included a 6' mower deck replacement,
a 10' mower and 60" mower.
File: Finance on "Laserfiche"/Canyovers/FY14 Canyover Recommended 1
FY2014 CARRYOVER RECOMMENDATION
Parks & Recreation
$13,300
Signage for various parks
010-3390-565.23-00
The supplemental from last year was funded partially through zone money and partially in
the general fund. The design process changed and therefore we have not been able to
make the purchases for these signs as of yet.
Parks & Recreation
$21,053
Unfinished improvements
approved for Corrigan,
Centennial and Woody parks
010-3390-565.73-00
Signs for Parks - in design phase.
Engineering
$3,499
Engineering Service
010-1420-556.10-00
131912
Engineering Contract with Cobb Fendley for Industrial/SH 35 intersection alignment -
Project TR1305. The study is being finalized and we should be receiving a final invoice.
Engineering
$2,150
Engineering Service
010-1420-556.10-00
131922
Engineering Contract with EPIC Transportation Group for Engineering Design and
inspection for Garden Road Traffic Signal - Project TR1306. Project has had construction
delays but appears to be back on track. The construction project should be complete in a
couple of months. A partial invoice was recently received.
Engineering
$783
Engineering Service
010-1420-556.10-00
141567
Engineering Contract with Freese Nichols for Storm Water Management Plan Phase II
review.
Engineering
$12,449
Engineering Service
010-1420-556.10-00
141731
Engineering Contract with Interfield Group for Design and Inspection services for
Hillhouse Sanitary Sewer Line. Scheduled to begin construction.
Engineering
$2,614
Engineering Service
010-1420-556.10-00
141977
Engineering Contract with Cobb Fendley for Business Center Dr. Access Management
Study. This is for a study that is still ongoing.
Engineering
$17,210
Engineering Service
010-1420-556.10-00
142561
Engineering Contract with Dannenbaum for Modeling Mapping update of Mary's Creek.
Engineering analysis that was recently completed and awaiting final invoice.
Engineering
$7,412
Engineering Service
010-1420-556.10-00
142626
Engineering Contract with Cobb Fendley for Peartand Parkway Corridor Improvements.
Project at 80% completion.
Community Development
Administration
$79,322
Special Services
010-1605-555.11-00
132298
Original budget of $181,204 for the Comprehensive Plan Update, began FY'13, continued
through FY'14 . Contract re -negotiations in process and will resume November FY'15
Permits/Inspections
$6,560
Special Services
010-1610.555.11-00
131918
To continue use of Bureau Veritas in absence of Building Official, and for any unexpected
overflow of inspections (invoices pending from September 2014) $440. PO 131918 in
amount of $6560 is encumbered). Need both carried over.
Planning
$7,830
Special Services
010-1650-555.11-00
142447
Carryover funds for Freese & Nichols - 1 outstanding invoice in amount of $5,900 and
anticipate retaining contract help until positions are filled; planning assistance.
GF - PW Admin
$60,084
Special Services
010-3520-555.11-00
142171
R.O.W. Assessment Project - Contract with Infrastructure Management Services is
partially complete with the balance of the work to be completed this fiscal year. Rolling
the fund and keeping the purchase order open would allow us to complete the contract.
Facilities Maintenance
$2,328
Buildings & Grounds
010-3522-553.01-00
141895
Rimkus Consulting - Consultation for evaluation of mechanical equipment and structural
elements inspection of pearland's Natatoriums HVAC system. Funds to be moved from
010-3321-553.01-00. Does not take into account cost of repairs.
Facilities Maintenance
$93,294
Buildings & Grounds
010-3522-553.01-00
142308
Fire Station #4 Roofing Contract with Garland/DBS. Funds to be moved from 010-3321-
553.01-00
Traffic
$5,880
Maintenance of Streets
010-3540-553.04-00
142564
Batterson, LLP - Dixie Farm Striping. Funds to be moved from 010-1425-553.04-00
Traffic
$33,775
Maintenance of Streets
010-3540-553.04-00
142481
Gerry DeCamp - This purchase Order is for the timing adjustment for the ITS project and
new intersections along SH 35. Funds to be moved from 010-1425-553.04-00
Traffic
$14,300
Special Services
010-3540-555.11-00
121425
CDM Smith change order for Traffic Management Plan. Funds to be moved from 010-
1425-555.11-00
Traffic
$77,520
School Zone Flasher Program
010-3540-565.73-00
None
Resolution # R2014-111 Passed on 9-15-2014. Funds to be moved from 010-1425-
565.73-00
Streets & Drainage
$11,350
Survey Services
010-3570-555.11-00
C.L. Davis & Co. to complete survey services of Hoang Tract final plat.
Streets & Drainage
$18,297
Survey Services
010-3570-555.11-01
142472
PO is for WTC, Inc. to complete survey/engr. services of 3 roadside ditch locations.
Service Center
$4,200
Special Services
010-3590-555.11-00
141926
Faster Asset Solutions - The fuel interface had not been completed until October 2014.
Invoice to be processed in November.
Lease/Purchase
$574,000
Lease/Purchase of Fire Truck.
GENERAL FUND TOTAL
$574,000
$1,902,267
Net Carryover
$1,328,267
Amount Available
$3,922,372
Available Balance
$2,594,105
Water/Sewer Fund
Wastewater
$30,250
Lift Station Cleaning
030-4042-555.11-00
142521
This purchase Order is for cleaning Lift Stations at SWEC and Far Northwest WWTP.
Magana Flow has completed the job's, but has not sent the invoice yet.
File: Finance on "Laserfiche"/Carryovers/FY14 Carryover Recommended 2
FY2014 CARRYOVER RECOMMENDATION
Water Production
$233,000
GCWA
030-4043-542-01-04
Rights to 10 MGD contract through GCWA
Water Production
$49,000
analog at seven facilities
030-4033-554.04-00
$49,000 is budgeted for purchase of flow meters and the analogs .These two components
that work together to make sure the correct amount of chemical is being feed with the
amount of water flow. This eliminates wasted chemicals. This was not completed in FY
due to transition with the new contractor.
Water Production
$15,000
Electrical Panel T Green Tee
Facility
030-4043-554.04-00
142130
$15,000 is budgeted for the panel that is being built Boyer. The existing panel is in
deplorable condition and was not designed to run all equipment at the facility. This was
not completed in FY due to new contractor transition.
Water Production
$17,000
Consultant fee from Dunham
Engineering and inspections for
the interior lining project
030-4043-554.04-00
142148
The budgeted balance of $17,000 is the consulting fee for Dunham Engineering on the
project for Cullen, McLean, & 518.
Water Production
$15,000
Spool piece for South down
header pipe
030-4043-554.04-00
$15,000 budgeted is needed for the header pipe at Southdown that is in deplorable
condition. This pipe consists of flanges and valves of different shapes. The contactor
(STP) is working on locating replacement parts.
Water Production
$7,500
External Receptacles
030-4043-554.04-00
The balance that is needing to be rolled over is $7,500. This is for receptacles that either
need replacement from being out dated or new external receptacles to run different
equipment at the facilities. This was not taken care of in FY 14 due to a transition from a
new contactor.
Water Production
$52,000
Flow meters at seven facilities
030-4043-554.04-00
$52,000 is the balance needing to be rolled over for purchase of flow meters and the
analogs .These two components that work together to make sure the correct amount of
chemical is being feed with the amount of water flow. This eliminates wasted chemicals.
This was not completed in FY due to transition with the new contractor.
Water Production
$34,326
Special Services
030-4043-555.11-00
112667
$34,326 is the balance that needs to be carried over for the consulting fee from Freese
and Nichols for Phase 4 in the UDF (uni directional flushing) program.
Water Production
$57,019
Special Services
030-4043-555.11-00
122255
$57,019. is the balance that needs to be carried over for the consulting fee from Freese
and Nichols for Phase 5 in the UDF (uni directional flushing) program
Water Production
$6,113
Special Services
030-4043-555.11-00
131848
$6,113 is the remaining balance on a water quality study that has been conducted by the
help of Freese and Nichols.
Water Production
$300,000
518, Cullen, McLean GST
internal Lining Project
030-4043-565.73-00
150578
This project started an Nov.3, 2014 with Cullen being first. This will help improve water
quality and extend infrastructure life.
Finance
$1,178
Cobb Fendley
030-4246-555.11-00
131796
Bed & Banks Permit MUD 4. FY 2014 project, but not invoiced and paid in FY 2014.
Finance
$3,000
Texas Water Foundation
030-4246-555.11-00
132212
Goldwater Project Pledge Participation. FY 2014 project, but not invoiced and paid in FY
2014.
WATERISEWER FUND TOTAL
$0
$820,386
Amount Available
$1,147,743
Available Balance
$327,357
Municipal Court - 017-1540
Municipal Court - 017
$10,000
SecuraDyne maintenance for
door access. cameras, servers
017-1540-554.30-00
FY 2014 maintenance.
Municipal Court 017 GRAND
TOTAL
$0
$10,000
Amount Available
$11,624
Available Balance
$1,624
Donation Fund - Animal Services
018
Animal Services 018
$9,869
A/C for Van Cages
018-1520-565.80-00
140855
PO was for van and equipment. A/C was not installed in cage section before delivery -
dept manager has been working with purchasing to complete the installation.
Animal Services 018
$10,675
9 cages for van
018-1520-542.23-00
No PO at this time - holding until A/C is installed, a part of PO 140855 purchase.
Donation Fund -Animal Services
018 GRAND TOTAL
$0
$20,544
Balance Available
$49,667
Fund 19 - Municipal Court
Technology
Municipal Court Technology
$15,951
Tyler Technologies
019-1540-565.73-00
132609
Training on new software.
Fund 19 - Municipal Court
Technology GRAND TOTAL
$0
$15,951
File: Finance on "Laserfiche"/Carryovers/FY14 Carryover Recommended 3
FY2014 CARRYOVER RECOMMENDATION
Amount Available
$42,746
Available Balance
$26,795
CVB - 045-1350
CVB
$11,000
CVB Website Visitpearland.com
045-1350-555.07-00
150852
In 2014, the CVB could not complete the redesign and upgrade to the website,
visitpearland.com, due to contractor inability. The CVB requests use of leftover funds
from various accounts to assist with website.
CVB
$6,800
Taste of Pearland special event
045-1350 various
In 2014, the CVB could not complete the coordination of a culinary event. Partners agreed
to then preview this culinary event during another event. Currently, restaurants and HEB
are interested in moving forward with launching this event as a stand alone for 2015. As a
result, the CVB requests use of leftover funds from various accounts to assist with event.
CVB
$2,478
Revenue from Art Show and
Packaging Workshop
045-0000-358.99-05
$2,435 & 045-0000-
358.99-00 $43
Revenue collected from Packaging Workshop and Art & Crafts show. This revenue
assists in offsetting event expenses of approximately $1187 and a donation of $1000 to
Pearland Arts League.
CVB - 045-1350 GRAND TOTAL
$2,478
$17,800
Amount Available
$78,244
Available Balance
$62,922
Parks Donations - 046
Parks Donations - 046
$16,653
Design service for signage for
facilities and parks
046-0000-542.35-00
142302
Clark Condon Associates - Design service for signage. Parks has been funded to replace
signs in the parks, however, in an effort to standardize signage for both parks & facilities
in a professional manner, the department has contracted for design services prior to
purchasing the signs.
Parks Donations - 046 GRAND
TOTAL
$0
$16,653
Amount Available
$15,475
Avaliable Balance
$1,178
Parks Development - 047
Parks Development - 047
$48,700
Signage for various parks
047-0000-565.76-
02,07,08,09,10,11
The design process changed and therefore we have not been able to make the purchases
for these signs as of yet.
Parks Development - 047
$31,935
Max Road Soccer Complex
FF&E
047-0000-565.76-06
Max Road Soccer Complex FF&E
Parks Donations - 046 GRAND
TOTAL
$0
$80,635
Amount Available
$215,174
Available Balance
$134,539
Grant Fund -101
Fund 101
$8,464
Bulletproof Vest Partnership -
Department of Justice
101-0000-346.02-05
Ballistic Vests Grant Revenue - Half the Expense
Fund 101
$16,928
101-2212-542.04-02
141959
Ballistic Vests - Officers (unspent in Fy 14 for use in Fy 15)
Fund 101
TCLEOSE
101-0000-346.01-04
Police/Fire Marshal Training Grant Revenue (rec. all that was budgeted)
Fund 101
$5.372
101-2212-555.34-00
Police/Fire Marshal Training
Fund 101
$2,704
SAFER Grant
101-0000-346.02-11
Turnout Gear Grant Revenue
Fund 101
$2,704
101-2320-542.04-00
Turnout Gear (unspent in Fy 14 for use in Fy 15)
Fund 101
$5,656
SAFER Grant
101-0000-346.02-11
Printing/Marketing Grant Revenue
Fund 101
$5.656
101-2320-555.24-00
Printing/Marketing (unspent in Fy 14 for use in Fy 15)
Fund 101
$7,114
TIFMAS
101-0000-346.01-17
Fire Training Grant Revenue
Fund 101
$7,114
101-2320-555.33-00
Fire Training
Fund 101
$4,625
HGAC Solid Waste Recycling
101-0000-346.01-09
Glass Crusher Grant Revenue
Fund 101
$4,625
101-3351-565.73-00
Glass Crusher: This money is remaining for installation, PPE, and other
supplies/materials. Grant period of performance cuts across multiple fiscal years (2014
and 2015).
Fund 101
$200,000
Texas Parks & Wildlife
101-0000-346.01-14
Recreational Trails Grant Revenue
Fund 101
$200,000
101-8600-556.30-00
Recreational Trails - Phase II (pending construction).
CDBG FUND 101 TOTAL
$228,563
$242,399
CDBG Fund -108
Fund 108
$48
HUD CDBG Revenue
108-0000-357.01-05
Grant Revenue Fiscal Year 2011
Fund 108
$48
HUD CDBG -
Infrastructure/Construction
108-9000-556.03-34
Unspent funds from Adult Reading Center - ADA Compliant Railing/Deck. Carryover from
multiple years.
File: Finance on "Laserfiche"/Carryovers/FY14 Carryover Recommended 4
FY2014 CARRYOVER RECOMMENDATION
CDBG FUND 108 TOTAL
$48
$48
CDBG Fund -109
Fund 109
$62,995
HUD CDBG Revenue
109-0000-357.01-05
Grant Revenue Fiscal Year 2012
Fund 109
$62,995
HUD CDBG -
Infrastructure/Construction
109-9000-556.03-34
Unspent funds
CDBG FUND 108 TOTAL
$62,995
$62,995
CDBG Fund -110
Fund 110
$172,699
110-0000-357.01-05
Grant Revenue Fiscal Year 2013
Fund 110
$27,437
HUD CDBG Revenue
110-9000-556.03-34
De -obligated Adult Reading Center - Subject to re -allocation for infrastructure use only
Fund 110
$145,262
HUD CDBG -
Infrastructure/Construction
110-9000-565.03-00
East Orange/North Houston sidewalks (ineligible) - Subject to re -allocation for
infrastructure use only
CDBG FUND 110 TOTAL
$172,699
$172,699
CDBG Fund -111
Fund 111
$83.028
HUD CDBG Revenue
111-0000-357.01-05
Grant Revenue Fiscal Year 2014
Fund 111
$10,225
HUD CDBG -
Infrastructure/Construction
111-9000-556.03-34
Construction (Re -allocates to FY 2015 Infrastructure Use Only)
Fund 111
$26,044
HUD CDBG -
Infrastructure/Construction
111-9000-556.03-34
Construction (Re -allocated to Forgotten Angels Day Hab - Outdoor Flat Surface/ADA)
Fund 111
$46,759
HUD CDBG -
Infrastructure/Construction
111-9000-556.30-00
141928
Construction (FM518/Broadway - Garden Road Signal: Traffic Sys. Construct., Inc.)
CDBG FUND 111 TOTAL
$83,028
$83,028
Total Grants
$547,333
$561,169
TOTAL
$1,123,811
$3,445,405
Net Carryover
$2,321,594
REQUESTING CARRYOVER APPROVAL FROM THE PEDC BOARD
Fund 15 - PEDC
PEDC - Contingent on Board &
Council Approval
$29,354
Business Center Drive
015-5000-555.75-01
multiple
Business Center Drive — outstanding PO's totaling
PEDC - Contingent on Board &
Council Approval
$89,000
Kirby Drive
015-5000-555.45-00
142584
LK Electrical (includes PO to LJA for Kirby Duct Bank -
$73,744
PEDC - Contingent on Board &
Council Approval
$27,000
Hooper Road
015-5000-555.75-01
Hooper Road Water and SS (PER/Design)
PEDC - Contingent on Board &
Council Approval
$500,000
Max Road Soccer Complex
015-5000-555.75-01
Max Road Soccer Complex ($451,000 encumbered+some extra to cover any change
orders).
Fund 15 - PEDC GRAND TOTAL
$645,354
Amount Available
$1,836,911
Available Balance
$1,191,557
TOTAL (with PEDC)
$1,123,811
$4,090,759
Net Carryover (WI PEDC)
$2,966,948
File: Finance on "Laserfiche"/Carryovers/FY14 Carryover Recommended 5