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HomeMy WebLinkAboutResolution 2009-024 IGA with pima county for transit servicesMARANA RESOLUTION N0.2009-24 RELATING TO COMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR SHARING OF COST INVOLVED IN THE PROVISION OF PUBLIC TRANSIT SERVICES TO THE TOWN OF MARANA TO INCLUDE FUNDING FOR EXPRESS TRANSIT SERVICES IN THE AMOUNT OF $25,777.44 FOR FISCAL YEAR 2008-2009 WHEREAS, the Town of Marana recognizes the need to provide transit services to its residents; and WHEREAS, the Town of Marana has previously entered into an intergovernmental agreement (IGA) for sharing of cost for provision of transit services within the Town of Marana; and WHEREAS, Pima County has asked that the current IGA (Contract # 01-04-M-139779- 0706) be amended to include cost sharing for three (3) express routes providing services within the Town of Marana; and WHEREAS, the Town of Marana wishes to continue to participate in the provision of express transit services and has negotiated reimbursement to Pima County in the amount of $25,777.44 for fiscal year 2008-2009. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the intergovernmental agreement amendment with Pima County be approved to include cost sharing for express routes during fiscal year 2008-2009. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 17~' day of February, 2009. `'ro~~ ~~~ ~ ~°~ v ~C)~ ~~~PORATE q ~~,, ,,~~satte~®ae®~®°~~ ATTEST: elyn ronson, Town Clerk Mayor Ed Honea APPRO AS TO FORM: r Fr assidy, Town Attorney f'Et~4A ~®lJttITY [}EF3Ap~T@4+fFNT QF T~iAhiSl~t3l~TATiC}N A~iEt~l;?~IiENT TQ IP1TE~{~~'ERNME~lTAL A~I~Eh~ENT ~l~Fi' ~1 -(i4 -M -13~77~3 -t~~Of~ PFZC7JECT. ~'rov€sion of pt~t~lic transit seru€ces tea ~1~ar~ana F'AI~TtE~: t'ir~a Cour~ty~, Town of l~rtarana A~EidDN{E~lT ~IQ. 1 C}ff~~~It~AL TER~II: (}7I(?1/2tJC~7'-{}~13t}I2t?Cl9 ~Jf~i~ENT TER1UtiNATItJN DATE: fl613t~/20J9 AMENC}ED ~ER-V'il~i"~l~hi`(C3N DATF. No Cha~nde OF2P~It~tAl. AMOt~htT: ~37~i,212.~7 F'~[C3R AMENDED ANlt~U~T: ~~ .~Mt3UhiT TNIS AMENDMENT: X25,?77<'~~` NE~1 Ai~tENDED T~.?TA~.. ~3~~.989.~1 AI6~ENDIViEf~T NUMBER ~ ~NFfEREfiS~ F~ima Gornty ("Cr~unt~"} ccarrently provides I~ubhc transit ser~~ices t€~ residents wi#nin the cor~c~r~te lit~ifs of thF~ Trxwn of t~larac~a (<°T~wrY~} pur~s«ant to [ntee,rc~overr~mrFnfaE Agreernent C~urn~er t}~t -(~~ ~M -13rJ7~~ p706. anct t~fNEREAS, ~hc Town wishes to increase its Sure Tran Ina F~oad l=xpress C©Iltril3utio;T b~• 25,777h ~iscaP 2t3U~-2t?~~;~7~~1 V~~{EREAS, purstrar~t to Section ~ of the Agreement, the parties mutually agree to this Sun Trap Ina [load Express Cc~rttribu€ion increase. FJC~~r'~, TF°fEREFOF~E, tP~e .Agreerrtant is emended as foflc~ws: ~k~.4CitGE: Attachment 1-Sun Tran Cost Fiscat_Year2C1CJ£3 LOC~g, From: "... >~0,8f34,48..." To: ".., 66.a~1,g2.. ,. REP1_~iE: Attachrr,ent twith Attachment 1-~, attached her~te, total value of the car~tra~t revised to ~39g,9i~9_~'t_ The effective dafe of this Amendment shall be April 1, 2(~g~. AEI ether prt~v?signs riot specif~caliy changed by this ArrEendmerrt sisal! remain i€? fuEi force and effect. Iii VIITNESS THFI~{~~, the parties have a~iixed their- signatur~;s to this Arrtendment on tt7e dates written belr~~r. Pt~dlf~ ~(~tli~~''d:r TC7~4T~JN ®F (~~RANA~~ ~~ ~ yl., ,_.,, _ Prec~Frement Director ~3at~ ~Jtayc~r Date ` Approved a~tr~~f,,prrn: ~ ~ ~ f~- ~~ peputy C"~.+r~t~' .Attorney Skate f fa "~ ~'~ ,h~.. { . Approved as to fora: ~~ d~ ~~ ~-~'~~ Att~rri~y f tf e wn ~ Date ,~ ~ ,~~ r~ ~F~ Attachment 'S-A ;o the i~xl betvk~eer ImaCounty and t~~ Town of Nfarana for P~lass Tra=asst Services July 1, 2008 to June 30, 20U5 ~i~a Go~~nty Rura] Transportatian ser,sce Niarana Rural Route 5ervic~ Totaf Route Cost (C.antractor hourly rate tirnos service haucs minus fare co(6ected~ Federal Share {Sectio;~ 5311) funds ~,ocai Snere Totafl~ocal Share T~~vn of Marana Share (54.8% of Iota( Locat Share) Sun Tran Se~tice }route 16 miles tivithin tfi~e Town of Ntarana @ 1.3 miles per trip, 27 trips Iwee4cday, 13 tripslSaturday 255 +nteakdays and 52 Saturdays in FY 08(39 Toni Sun Trap miles in 1~larana Piet Sun Fran Cost per Mile From CC7T IGA for FY 0809} t~iieage Cost ~ Net east per mile times te~tal miles Sun Iran tna Road Express {Amount AC3S~E~~ Sun Tran Cost Contribution. Sub-T's,fi~C Surat Route plus Sure Tt>~~r~ Cost to prouide paratrar~sit servi~~ ir~clutfin~ e(~~ibility, appeals ar~d trarasportatior~. ~t3t t~ G'XCE'~'t~ {rand Total Tov~rn of t'~t~rar~a Cosh {Sun Tran ~ptus Ruralj ~121,635.t}Q $8Q817.5C 560,817.50 ~~~,s~7.5a $3~,32~.`~9 9,82c~,00 ~~.16 4C~, 884.48 $25,777.44 $66,661.2 $99,9~9.9'l ~3t/1~y471i ~.i.VV r (J ti% 1 t~ .. r NO..Q/ a~j~~.1.,~9~~9.~a7a~ AME{~DN,~n t ~~; iRV01CEr .. -._ znd dOCU~Pc'!f :-"- tt~IS cont~e^• NTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY FOR SHARING OF COSTS INVOLVED IN THE PROVISION OF PUBLIC TRANSIT SERVICES TO CERTAIN AREAS OF PIMA COUNTY AND THE TOWN OF MARANA THIS LNTERGOVERNiV1ENTAL AGREEMENT, entered into pursuant to Arizona Revised Statutes (A.R.S.) Title 11, Chapter 7, Article 3, by and between: THE TOWN OF MARANA, a municipal corporation (hereinafter referred to as the "Town"), -and THE COUNTY OF PIMA, a body politic and corporate, a political subdivision of the State of Arizona (hereinafter referred to as the "County"); WITNESSETH WHEREAS, the County can-ently provides funding for public transit services which operate within the Town of Marana; and WHEREAS, the Town has determined that it is in the best interest of the residents of the Town o`~ Marana, who benefit from the services, to provide funding for those portions of the public transit services tha u operate within the corporate limits of the Town; and a ~~~ WHEREAS, the Town and County may contract for services and enter into agreements with one anothf for joint or cooperative action pursuant to the provisions of A.R.S. Section 11-951, et sec; ~:) ,, ~„ I. NOW, THEREFORE, the Town and the County pursuant to the above, and in consideration of tl ~'` matters and things hereinafter set forth, do mutually agree as follows: `'x SECTION [.PURPOSE The purpose of this Agreement is to set forth the responsibilities and obligations of the parties for the provision of transit services within the corporate limits of the Town of Marina. SECTION ?. MANNER OF F[NANCING AND BUDGET The Town agrees to pay the County, upon presentation of quarterly invoices, all costs and charges incurred by the County to provide public transit services to the Town. Payments shall be due and payable within thirty (30) days after presentation to the Town. The County agrees to compile invoices for three (3) month intervals and present them quarterly to the Town. The invoices presented to the Town shall be for the actual number of transit trips provided during the quarter and for subsidy costs to provide public transit service in the Town, which represents actual expenses incurred less achral fare revenues and other credits. SECTION 3. OBL[GAT[ONS OF TOWN AND COUNTY 3.1. The Town agrees to pay its share of costs to provide public transit services, based on the total costs incurred by the County to provide the public transit services as set forth in Attachment 1, attached hereto and incorporated by reference and made a part of this Agreement. 3.2. The Town and County agree on the services to be provides[ by the County, and on the route or routes, schedules and mileage affecting this Agreement, and the corresponding portion of said routes contained within the Town, as set forth in Attachment l . 3.3. The routes, mileage, amounts, totals, and any other provisions of Attachment I of this Section may be amended by the parties at any time, through muhril approval in writing by the County Administrator and the Town Manager, following forty-five (45) days written notice of the desired amendment. Upon such approval, an amended attachment shall be recorded with the office of the Pima County Recorder. 3.4. The County shall provide the Town with quarterly performance reports for each of the routes contained in Attachment 1 and for transit services provided in accordance with this Agreement. The reports for services described in Attachment 1 shall contain, at a minimum, information regarding ridership, fare revenues, and costs during the three (3) month reporting period. The reports for transit services shall list the number of trips (one way) per quarter for each designated client. 3.5. The County shall present quarterly invoices of all costs and charges incurred by the County to provir public transit services to the Town pursuant to this agreement and Attachment 1. Said invoices shall t compiled for three (3) month intervals and payments shall be due and payable thirty (30j days after presentatio try to the Town. The invoices presented to the Town shall be for the actual number of transit trips provided Burin fi the quarter, and for subsidy cost to provide public transit service in the Town, which represents actual expense r incurred, less actual fire revenues and other credits. '.i~ 3.6. The Town and County agree to allow the County's Special Needs Contractor A & K Transportation, I-iandicar to provide paratransit service within Town limits in an area specifically determined by the Town. Eligibility, schedule and operating rules for the Special Needs Transportation shall be identical to County eligibility, schedule and operating ntles. Costs of eligibility determinations, testing and appeals, if any, shall be reimbursed to the County by the Town. Operating costs for transporting Town residents shall be reimbursed to the County at the average monthly cost per trip for tt~e system as a whole. Cost to the Town for providing paratransit service shall not exceed Attachment 1. SECTION 4. EFFECTIVE DATE AND DURATION OF AGREEMENT This Agreement shall be effective upon tiling a fully executed copy with the Office of the Pima County Recorder, and shall remain in full force and effect until June 30, 2009, unless sooner tern~inated or further extended pursuant to the terms of this Agreement. SECTION 5. ANNUAL REVIEW This Agreement may be reviewed annually by the Town Manager and the County Administrator. (n the event an increase in service requirements, fuel costs, etc., require total cost of services to exceed the amounts specified in Attachmcrrt I, the parties may amend this agreement to revise amounts in any given year to reflect the actual cost of services. Any adjustment to any term or condition of this Agreement must be made by written amendment signed by the parties. SECTION 6. TERMINATION This Agreement may be ternlinated at any time upon sixty (60) days written notice from the terminating parlay to the other. Such termination shall not relieve either party from those liabilities or costs already incurred under this Agreement. SECTION 7 .COMPLIANCE WITH LAWS The parties shall comply with all applicable federal, state, and local laws, rules, regulations, standards, and exeattive orders, including but not limited to the following: a. The. provisions of Arizona Revised Statutes Sec. 41-1463 and Executive Order Number 75-~ a amended by Executive Order 99-4, issued by the Governor of the State of Arizona, and, where nc ~: inconsistent therewith, the provisions of the Tucson Code Section 17-21 and Pima County Ordinanc ~; Number 1974-10, are incorporated by this reference as a part of this Agreement. f) . This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Publi~ ~` Law 101-336, 42 U.S.C. 12101-I2213) and all applicable federal regulations under the Act, including 2. CFR Parts 35 and 36. ;,. r 3 c. This Agreement is subject to the provisions of A.R.S.~38-511. SECT[ON 8. LEGAL JURISDICTION Nothing in this Agreement shall be constnted as either limiting or extending the legal jurisdiction of either the Town or the County. SECTION 9. LIMITATION OF LIABILITY Each party (as "indemnitor") agrees to indemnify, defend, and hold harmless the other party (as "indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees)(hereinafter collectively referred to as "claims") arising out of bodily injury of any person (including death) or property damage but only to the extent that such claims which result in vicarious/derivative liability to the indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the inde~lmitor, its officers, officials, agents, employees, or volunteers. SECTION 10. APPROPRIATION OF FUNDS Each party represents that it has, within its respective budget, sufficient funds to dischar~c the obligation and duties assumed under this Agreement. Should either party tail to obtain continued funding during the: term of this Agreement through a failure of appropriation or approval of tiuuls, then in that event this Agreement shall be deemed to tern~inate by operation of law. In such event, termination shall be effective on the last clay of the year for which fiords have been appropriated or approved. SECTION 11. NOT[CE Any notice required or permitted to be given under this Agreement shall be in writing and shall be served by delivery or by certified mail upon the other party as follows: If to the Town: Mike Reuwsaat Town o f Marana 13251 North Lon Adams Road Marana, Arizona 85653 [f to the County: Clerk, Pima County Board of Supervisors 130 West Congress Tucson, Arizona 85701 ~: With copies to: Priscilla S. Cornelio, P.E., Director n`; Pima County Department of Transportation and Flood Control ,~ 201 North Stone Avenue, 3~s Floor Tucson, Arizona 85701 ~ ;~ '~r Or to such other addresses as either party shall designate in writing. 4 SECT[ON 12. FORCE MAJEURE The omission of the perfornance or failure to render any services required by this agreement because of an act of God, inevitable accident, fire, lockout, strike or other labor dispute, riot, act of government or governmental instrument or instrumentality (whether federal or state), or failure of equipment or facilities not due to inadequate maintenance shall not constitute a breach of this agreement or failure of performance by the County or Town; provided, however, that the Town shall not be obtigated to make any payment to the County with respect to any services not actually rendered by the County to the Town pursuant to the tcrtns of this agreement due to any cause contemplated in this paragraph. SECTION 13. MOD[FICATION BY AMENDMENT This Agreement may be modified by the parties at any time upon written amendment executed by the parties. The parties shall share all costs of revising this Agreement. SECTION 13. NO ACQUIRED INTERESTS Neither the Town or the County, by this Agreement, acquires right, title or interest in the other's transportation services. SECT[ON 14. SEVERABILITY In the event that any provision of this Agreement or the application thereof is held invalid, such invalidation shall have no effect on other provisions and other than their application which can be given effect without the invalid provision or application and to this end the provisions of this Agreement are severable. SECTION 15. REMEDIES Either party may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this Agreement. IN WITNESS WHEREOF, the parties have entered into this Agreement as indicated by the signatures and dates written below. TOWN OF MARANA: ATTEST: t, ~: ~~ Mayor , erk for e Town L ///{J~ G//^ ~4:" Date: ~~ r D 7 Y r, // O~ X Date P[MA Cl2~Y B~1RD,0~'~fiUPERVISORS ATTEST: i rman of the Board of S Date: i1UG (~7 20.07 / ~2GG Clerk of the ~ rd Date: AUG .0 7 2007 Recommended to the Board: Priscilla S. Cornelio, P.E., Director Pima County Department of Transportation Date: ~ ` ~~_ i ~1 Pursuant to A.R.S. ~ 11-952 (D), the attorneys for the govemmcntal entities which arc the parties to this Agreement have determined that the foregoing is in proper form and is within the powers and authority of the parties as granted under the laws of the State of Arizona. ~~/ • ~ . ~~~ -~Y J~~QL .; , Town :Attorney ~ / Deputy County Attorney ~' Dte: __ .. , , ~" , r Date: ,~ ~Z/ G Attachment 1 to the IGA between Pima County and the Town of Marana for Mass Transit Services July 1, 2006 to June 30, 2007 Pima County Rural Transportation Service Marana Rural Route Service Total Route Cost (Contractor hourly rate times $107,665.00 service hours minus fare collected) Federal Share (Section 5311) funds $53,832.50 Local Share $53,832.50 Total Local Share $53,832.50 Town of Marana Share (54.8% of Total Local Share) $29,500.21 Sun Tran Service Route 16 miles within the Town of Marana @ 1.3 miles per trip, 27 trips /weekday, 14 trips/Saturday 254 weekdays and 53 Saturdays in FY 0607 Total Sun Tran miles in Marana 9,879.00 Net Sun Tran Cost per Mile (From COT IGA for FY 0607) $4.37 Mileage.Cost (Net cost per mile times total miles) $43,171.23 Sun Tran Cost $43,171.23 Sub-Total Rural Route plus Sun Tran $72,671.44 Cost to provide paratransit service including eligibility, appeals and transportation. Not to exceed $200,000.00 Grand Total Town of Marana Cost (Sun Tran plus Rural) $272,671.44 Page One Attachment 1 to the IGA between Pima County and the Town of Marana for Mass Transit Services July 1, 2007 to June 30, 2008 Pima County Rural Transportation Service Marana Rural Route Service Total Route Cost (Contractor hourly rate times $114,144.00 service hours minus fare collected) Federal Share (Section 5311) funds $57,072.00 Local Share $57,072.00 Total Local Share $57,072.00 Town of Marana Share (54.8°/. of Total Local Share) $31,275.46 Sun Tran Service Route 16 miles within the Town of Marana @ 1.3 miles per trip, 27 trips /weekday, 13 trips/Saturday 255 weekdays and 52 Saturdays in FY 0708 Total Sun Tran miles in Marana 9,828.00 Net Sun Tran Cost per Mile (From COT IGA for FY 0708) $4.42 Mileage Cost (Net cost per mile times total miles) $43,439.76 Sun Tran Cost $43,439.76 Sub-Total Rural Route plus Sun Tran $74,715.22 Cost to provide paratransit service including eligibility, appeals and transportation. Not to exceed $250,000.00 Grand Total Town of Marana Cost (Sun Tran plus Rural) $324,715.22 Page Two Attachment 1 to the IGA between Pima County and the Town of Marana for Mass Transit Services July 1, 2008 to June 30, 2009 Pima County Rural Transportation Service Marana Rural Route Service Total Route Cost (Contractor hourly rate times service hours minus fare collected) Federal Share (Section 5311) funds Local Share Total Local Share Town of Marana Share (54.8% of Total Local Share) Sun Tran Service Route 16 miles within the Town of Marana @ 1.3 miles per trip, 27 trips /weekday, 13 trips/Saturday 255 weekdays and 52 Saturdays in FY 0809 Total Sun Tran miles in Marana Net Sun Tran Cost per Mile (From COT IGA for FY 0809) Mileage Cost (Net cost per mile times total miles) Sun Tran Cost Sub-Total Rural Route plus Sun Tran Cost to provide paratransit service including eligibility, appeals and transportation. Not to exceed Grand Total Town of Marana Cost (Sun Tran plus Rural) $121,635.00 $60,817.50 $60,817.50 $60,817.50 $33,327.99 9,828.00 $4.16 $40,884.48 $40,884.48 $74,212.47 $300,000.00 $374,212.47 Page Three F. ANN RODRIGUEZ, RECORDER RECORDED BY: C_V DEPUTY RECORDER 1016 PE4 P0230 PIMA CO CLERK OF THE BOARD PICK UP ATTN LISA aF PIS w 6 ~ ~x S~Y~'~i ~ un'~! t 9$IZOIyA RESOLUTION AND ORDER NO. 2007- 135 DOCKET: PAGE: NO. OF PAGES: SEQUENCE: RE s PICKUP AMOUNT PAID 13120 2123 12 20071590508 08/16/2007 16:20 $ 0.00 RESOLUTION AND ORDER OF THE PIMA COUNTY BOARD OF SUPERVISORS APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN PINTA COUNTY AND THE TOWN OF NIARANA TO PROVIDE PUBLIC TRANSIT SERVICES TO RESIDENTS WITHIN THE TOWN OF NIARANA. (District 3) WHEREAS, Pima County ("County") currently provides public transit services to residents within the corporate limits of the Town of Marana ("Town"), and WHEREAS, the Town benefits from these services and wishes to provide funding to County for those public transit services provided within the corporate limits of the Town; and WHEREAS, the County has determined it to be in the best interest of the public to enter into an intergovernmental agreement in which Town will contribute $971,599.13 to County for the provision of public transit services within the corporate limits of the Town for FY 2006 through FY 2009; NOW, 'T'HEREFORE, UPON MOTION DULY MADE, SECONDED AND CARRIF,D, 13E IT RESOLVED THAT: 1. The intergovernmental agreement between Pima County and the Town of Marana to provide public transit services within the town of Marana is hereby approved. 2. The Chairman of this Board is hereby authorized and directed to sign the agreement for the Board. 3. The various Pima County officers and employees are hereby authorized and directed to perform all acts necessary and desirable to give effect to the Resolution. PASSED, ADOPTED AND APPROVED this nth day of August 2007. PIMA C BO S PER ISORS Vice C airman of the B and of Superv rs ATTEST: ~_ / Clerk of the B,o rd ~ v Approve as Deputy my Attorney MARANA RESOLUTION N0.2007-107 RELATING TO TRANSPORTATION; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT AMENDMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY FOR THE SHARING OF COSTS INVOLVED IN THE PROVISION OF PUBLIC TRANSIT SERVICES TO CERTAIN AREAS OF PIMA COUNTY AND THE TOWN OF MARANA. WHEREAS, the Town of Marana has previously entered into a cost sharing agreement for the provision of transit services within the Town of Marana; and WHEREAS, the current agreement is in need of renewal; and WHEREAS, the Town wishes to continue to participate in the provision of regional transit service; and WHEREAS, The Town and Pima County have negotiated a contract for the provision of fixed route transit services in the amount of $72,671.44 for FY 2006-2007, $74,715.22 for FY 2007-2008 and $74,212.47 for FY 2008-2009; and, WHEREAS, The Town and Pima County have negotiated to allow for the provision of paratransit services to the Town of Marana, in a service area defined by the Town of Marana and agreed to by Pima County, for a fee not to exceed $200,000 for FY 2006-2007, $250,000 for FY 2007-2008 and $300,000 for FY 2008-2009. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1: The Mayor is authorized to execute an Intergovernmental Agreement Amendment for the provision of public transit services in the Town of Marana. Section 2: All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this Resolution is hereby repealed, effective as of the effective date of this Resolution. Section 3: If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. PASSED and ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19th day of June, 2007. ATTEST: yn C. ronson own C1 ~~ , ` ': f(/ l` `~ 1. Frank Cassidy, Town A Mayor E Honea ~,: .~"