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HomeMy WebLinkAbout12- Development Services ORIGINAL CITY OF SAN BERNARDINO REOUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Resolution approving Amendment No. 2 to Agreement for Services with Dept: Development Services MuniTemps for temporary services of Project Liaison for the Metrolink Date: April 8, 2010 Parking Structure at the Santa Fe Depot, Federal Project No. CML- 5503(039),EA#08-924883L. MCC Date: June 7, 2010 Synopsis of Previous Council Action: 02/01/10 Resolution approving Amendment No. 1 to Agreement for Services with MuniTemps for temporary services of Interim Construction Survey Manager in the Public Works Division was approved. Recommended Motion: Adopt Resolution. Valerie C. Ross Contact Person: Mark L. Raab, Construction/ Survey Phone: 5166 Manager Staff Report,Resolution,Amend. Supporting data attached: No. 2(Exhibit"A")&Reso No. Ward: All 2010-18(Attachment"A") FUNDING REQUIREMENTS: Amount: $96,000 Source: (Acct.No) 242-362-5504-7576 Acct. Description: Metrolink Parking Structure Finance: so ZO/0 - 130 Agenda Item No. 12— to--7- Zo(6 CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Resolution approving Amendment No. 2 to Agreement for Services with MuniTemps for temporary services of Project Liaison for the Metrolink Parking Structure at the Santa Fe Depot, Federal Project No. CML-5503(039), EA#08-924883L. Background: On November 9, 2009, the City Manager approved an Agreement with MuniTemps to provide the temporary services of an Interim Construction/Survey Manager to supervise the Construction/Survey Section of the Public Works Division, while the City recruited a permanent employee to fill the position. The Agreement provided that MuniTemps would provide the services of Mr. Eddy Jan, in the position of Construction/Survey Manager, at a rate of$77 per hour for a total not-to-exceed amount of $24,900. The majority of his cost was charged to projects in the Capital Improvement Program(CIP). On February 1, 2010, the Mayor and City Council approved Resolution No. 2010-18, which extended the contract with MuniTemps for an additional $20,000 to provide for a suitable transition period for the permanent employee who began work for the City in late January, 2010. During this time, a contract to construct the Metrolink Parking Structure at the Santa Fe Depot was awarded to Bomel Construction Company, Inc. on March 1, 2010. Certain pre-construction requirements are now being met by Bomel, and a Notice to Proceed is anticipated for early May. Given the complexities of the Federal funding for this project and Mr. Jan's first hand knowledge of this particular project, coupled with his past experience in satisfying the requirements for federally funded projects, the City will benefit by extending the services of Mr. Jan. An additional $96,000 would extend Mr. Jan's employment approximately 12 months, on a part- time basis, allowing construction to begin in earnest without delay. Extending Mr. Jan's services for 12 months will allow him sufficient time to organize the various aspects of funding and construction and provide the necessary oversight for this project. Thereafter, his services will no longer be needed. All of Mr. Jan's contractual expenses will be charged to the Metrolink parking structure project, which is funded with various transportation funds, thus there will be no burden to the General Fund. Based on the above, staff is requesting that the funding for the Agreement with MuniTemps be increased by an additional $96,000 so that Mr. Jan's services can be further retained. Financial Impact: Funding for Amendment No. 2 is available in the FY 2009/10 Budget in Account No. 242-362- 5504-7576, Metrolink Parking Structure. Account Budgeted Amount: $ 10,730,500. Account Balance: $ 10,132,366 Balance as of: 05/17/2010 Balance after approval of this item: $ 10,036.366 2 CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT - Continued Please note this balance does not indicate available funding. It does not include non-encumbered reoccurring expenses or expenses incurred but not yet processed. Recommendation: Adopt Resolution. Attachments: Exhibit"A"—Amendment No. 2 Attachment"A"—Resolution No. 2010-18 3 Copy 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING 3 AMENDMENT NO. 2 TO A MUNICIPAL STAFFING AGREEMENT WITH MUNITEMPS TO PROVIDE, ON A TEMPORARY BASIS, AN ENGINEERING 4 LIAISON TO SUPERVISE THE CONSTRUCTION AND ADMINISTRATION OF THE FEDERAL FUNDING MECHANISM FOR THE METROLINK PARKING 5 STRUCTURE AT THE SANTA FE DEPOT. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 7 OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. That the City Manager is authorized to execute Amendment No. 2 to 9 Municipal Staffing Agreement with MuniTemps to provide, on a temporary basis, an 10 Engineering Liaison in the Public Works Division to supervise the construction and 11 administration of the Federal funding mechanisms for construction of the Metrolink Parking 12 Structure at the Santa Fe Depot, said Amendment being attached as Exhibit "A". 13 SECTION 2. This Amendment No. 2 shall not take effect or become operative until 14 15 fully signed and executed by the parties and no party shall be obligated hereunder until the time 16 of such full execution. No oral agreements, amendments, modifications or waivers are intended 17 or authorized and shall not be implied from any act or course of conduct of any party. is SECTION 3. The authorization to execute this agreement is rescinded if the parties fail 19 to execute it within sixty (60) days of passage of this resolution. 20 1/ 21 H 22 23 24 25 26 27 28 � - t - 1 RESOLUTION . . . APPROVING AMENDMENT NO. 2 TO A MUNCIPAL 2 STAFFING AGREEMENT WITH MUNITEMPS TO PROVIDE, ON A TEMPORARY BASIS, AN ENGINEERING LIAISON TO SUPERVISE THE CONSTRUCTION AND 3 ADMINISTRATION OF THE FEDERAL FUNDING MECHANISM FOR THE METROLINK PARKING STRUCTURE AT THE SANTA FE DEPOT. 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 6 Common Council of the City of San Bernardino at a meeting thereof, held 7 on the day of 2010, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ 10 DESJARDINS 11 BRINKER 12 13 SHORETT 14 KELLEY 15 JOHNSON 16 MC CAMMACK 17 18 Rachel Clark, City Clerk 19 20 The foregoing resolution is hereby approved this day of , 2010. 21 22 23 Patrick J. Morris, Mayor City of San Bernardino 24 pproved as to form: 25 JAMES F. PENMAN, 26 ity Attorney 27 28 - 2 Exhibit "A" AMENDMENT NO. 2 TO MUNICIPAL SERVICES AGREEMENT This Amendment No. 2 to Agreement for Services by and between the City of San Bernardino (City) and MUNITEMPS (Consultant) is made and entered into effective as of the day of , 2010 by and between the Agency and the Consultant. W ITNESSETH: A. WHEREAS, on November 9, 2009, the City Manager of City approved a Municipal Staffing Agreement with MuniTemps in the amount of$24,900 to provide, on a temporary basis, an Interim Construction/Survey Manager to supervise the Construction/Survey Section of the Public Works Division, said Municipal Staffing Agreement being attached hereto and marked Attachment"A'; and, B. WHEREAS, on February 1, 2010, the Mayor and City Council approved Resolution no. 2010-18, which extending the contract with MuniTemps for an additional $20,000 to provide for a suite transition period for the permanent employee who began work in late January, 2010, said Resolution being attached hereto and marked Attachment `B'; and C. WHEREAS, based on the current rate of expenditure, an additional $96,000 would extend the services of MuniTemps for approximately 12 months; and, D. WHEREAS, said Municipal Staffing Agreement is valid through November 9, 2010, with a provision for a 12 month extension upon mutual agreement of both parties; and E. WHEREAS, Munitemps has indicated their willingness to extend their contractual agreement with "City" until November 9, 2011; and NOW THEREFORE, the parties hereto agree as follows: 1. Paragraph 1(a) of the Municipal Staffing Agreement is hereby amended to provide that the Assigned Employee (Eddy Jan) shall be assigned to perform as Engineering Liaison in the Public Works Division to supervise the construction and administration of the Metrolink Parking Structure at the Santa Fe Depot, among other assignments. 2. Paragraph 25 of the Municipal Staffing Agreement is hereby amended to read that this Agreement shall not exceed $140,900. Exhibit"A" Amendment No.2 to Municipal Services Agreement—MuniTemps. Page 2 of 3 AMENDMENT NO. 2 TO MUNICIPAL SERVICES AGREEMENT 3. Over the term of this Agreement, Consultant shall be compensated for said Agreement as follows: a) Original Agreement approved by City Manager 11-09-09 . . . $ 24,900.00 b) Amendment No. 1 approved 02-01-10 20,000.00 c) Amendment No. 2 (this amendment) 96,000.00 Total not-to-exceed amount . . . . . . . . . . . . $ 140,900.00 4. Paragraph 24 of the Municipal Staffing Agreement is hereby amended to extend the term of 12 months to expire on November 9, 2011. 5. Pursuant to San Bernardino Civil Service Board Rule 502(c), the Assigned Employee shall work less than an average of 30 hours per week or less than 1,000 hours in any 12-month period. 6. All other terms and conditions of said Agreement for Services approved by the City Manager on November 9, 2009, shall remain unchanged. i i Exhibit "A" Amendment No.2 to Municipal Services Agreement—MuniTemps. Page 3 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown below. MUNITEMPS Date: by: Signature Print Name/Title CITY OF SAN BERNARDINO Date: by: Charles E. McNeely, City Manager A"1 City of San Bernardino ATTEST: Rachel Clark, City Clerk Approved as to form: James F. Penman City Attorney By: 2010-1b A"I'TACHMENT "A„ f'i'1 T , M p_s " Munkipal Staffing Solutions Municipal Staffing Agreement GOVERNMENT STAFFING SERVICES INC., DEIA MUNITEMPS,with its corporate office located at 600 PALM AVENUE,SUITE 116, IMPERIAL BEACH, CA 91932 (-STAFFING FIRM"), and the CITY Of SAN BERNARDINO,with its principal office located at 300 NORTH D STREET SAN BERNAROINO. CA 92410 ("CITY")agree to the terms and conditions set forth in this Municipal Staffing Agreement (the 'Agreement"). STAFFING FIRM's Duties and Responsibilities 1 STAFFING FIRM will. a. Recruit,screen, interview, and assign its employees("Assigned Employees") to perform the type of work cescrbed on Exhibit A under CITY's supervision at the locations specified on Fxhibd A; b Pay Assigned Employees'wages and provide them with the benefits that STAFFING FIRM offers to them. c. Pay,withhold, and transmit payroll taxes. provide unemployment insurance and ® workers' compensat on benefits; and handle unemploymont and workers' compensation claims involving Assigned Employees, CITY's Duties and Responsibilities 2. CITY will a. Properly supervise Assigned Employees performing its work and be responsible for its ousiness operations, products, services, and intellectual property; b. Properly supervise, control, and safeguard its premises, processes, or systems. and only permit Assigned Employees to operate CITY vehicles or mobile equipment it covered on CITY insurance policy. Not entrust Employees with unattended premises, cash. checks, keys,credit cards, merchand;.se, confidential or trade secret information. negotiable instruments, or other valuables without STAFFING F IKM's express prior written approval or as strictly required by the lob description provided to _ STAFFING FIRM; c Provide Assigned Employees with a safe work s to and provide appropriate information. training,and safety equipment with respect to any hazardous substances or conditions to which they may be exposed at the work Site; d. Not change Assigned Employees')ob duties without STAFF ING FIRM's express pnor written approval; and i e. Exclude Assigned Employees from Cl iv s bereft plans. policies, and practices, and 1 not make any offer or promise relating to Assigned Employees'compensation o, benefits 2010-I8 ATTACHMENT "A" Gov�niaant Staffing S*rvicea, Inc. Temps 4=icuia_ staffing Agrowvnt Payment Terms,Bill Rates, and Fees 3 CITY will pay STAFFING FIRM for its performance at the rates set forth an Exhibit A and will also pay any additional costs or fees set forth in this Agreement STAFFING FIRM will invoice CITY for services provided under:his Agreement on a Semi-Monthly basis Payment is due on receipt of invoice. Invoices will be supported by the pertinent time sheets or other agreed system for documenting time worked by the Assigned Employees. CITY's signature or other agreed method of approval of the work lime submitted for Assigned Employees certifies that the documented hours are correct and authorizes STAFFING FIRM to bill CITY for those hours If a portion of any invoice is disputed, CITY will pay the undisputed portion 4 STAFFING FIRM may assign two classes of Employees at CITY: (1) '1 xecutive' Employees are presumed to be exempt from laws requiring premium pay for overtime, holiday work, or weekend work These Employees are assigned on a fixed monthly salary contract which wilt be paid and pro rated on a bi-weekly pay cycle When assigned Employee completes project at CITY, CITY will be required to pay the pro rated amount of the monthly salary contract agreed to in Exhibit A as of the full week erding last day worked at the CITY.. (2)"Non-Executive' Employees are presumed to be nonexempt from laws requiring premium pay for overtime, holiday work, or weekend work. STAFFING FIRM will charge CITY special rates for premium work time only when an Assigned Employee's work on assignment to CITY, viewed by itself. would legally require premium pay and GTY has authorized. directed, or allowed the Assigned Employee to work such premium work time. CITY s special billing rate for premium hours . will be the same multiple of the regular billing rate as STAFFING FIRM is required to apply to the Assigred Employee's regular pay rate (For example when federal law requires 150%of pay for work exceeding 40 hours in a week, CITY will be uil!ed at 150% cf the regular bill rate ) 5 If CITY uses the services at any Assigned Employee as its direct employee.as an independent contractor, or through any person or firm other than STAFFING FIRM during or within 163 days after any assignment of the Assigned =mployee to CITY ffoln STAFFING FIRM, CITY must notify STAFFING FIRM and pay a lump sum equal to(a) 9%of the annual salary of Assigned Employee if that Employee has worked a minimum of 667 hours or(b) 19% of the annua. salary of Assigned Employee if the Employee has worked less than 867 hours for CITY Confidential Information 7. Both parties may receive information that is proprietary to or confidential to the other party or its affiliated companies and their CTYs. Both parties agree to hold such information in strict confidence and not to disclose such information to third panles n, to use such information for any purpose whatsoever other than performing under this Agreement or as required by law. No knowledge possession, or use of CITY's corfidential information will be imputed to STAFFING FIRM as a result of Assigned Employees' access to such information. Cooperation 8. The parties agree to cooperate fully and to provide assistance, to Pre other party in the investigatior and resolution of any complaints, claims.actions. or proceedings that may be brought by or that may involve Assigned Employees Indemnification and Limitation of Liability 2010-18 ATTACHMENT "A" cowznmant Staf Lang Sarvi da, IuC. xuiaca 1 StaLLI 1gcNaan[ RO _mR5 w nv 9 To the extent permitted by law. STAFFING FIRM will defend, indemnity, and hold CITY and its directors, officers,agents, representatives, and employees harmless from all claims, losses. and 6andities(including reasonable attorneys' fees) to the extent caused by STAFFING FIRM's breach of this Agreement, Its failure to discharge its duties and responsibilities set forth in paragraph 1 or the negligence,gross negligence, or willful misconduct of STAFFING F IRM or STAFFING FIRM's officers.employees, or authorized agents in the discharge of those duties and responsibilities 10 To the extent permitted by law, CITY will defend. fndemmfy, and hold STAFFING FIRM and its parent. subsidiaries, directors officers, agents, representatives and employees harmless from all Oanms, losses, and liabilities(including reasonable attorneys lees)to the extent caused by CITY's breach of this Agreement, its failure to discharge its duties and responsibilities set forth in paragraph 2; or the negligence,gross negligence, or willful misconduct of CITY or CITY's officers, employees, or authorised agents in the discharge of those duties and responsibilities. 11 Neither party shall be liable for or be required to indemnify the other party for any incidental, consequential, exemplary, special, punitive, or lost profit damages that arise in connection with this Agreement, regardless of the form of action (whether in contract, ton, negligence, strict liability,or otherwise) and regardless of now characterized, even if such party has been advised of the possibility of such damages 12 As a condition precedent to indemnification, the parry seeking indemnification will inform the other party within 15 business days after it receives notice of any claim, loss. liability, or demand for which if seeks indemnification from the other parry, and the party seeking © indemnification will cooperate in the investigation and defense of any such matter. 13 The provisions in paragraphs 9 through 13 of this Agreement constitute the complete agreement between the parties with respect to indemnification, and each party waives its right to assert any common-law indemnification or contribution claim against the other party. Miscellaneous '4 Notwithstanding any other provision of this Agreement to the contrary, tre provisions of paragraphs 9- 13 shall remain effective after termination or renewal of this Agreement. 15. No provision of th!s Agreement may be amended or waived unless agreed to in a writing signed by the parties W Each provision of this Agieernenl will be considered severable, such that if any one provision or cause conflicts with existing or future applicable law or may not be given full effect because of such law, no other provision that can operate without the conflicting provision or clause will be affected 17. This Agreement and the exhibits attached to it contain the entire understanding between the parties and supersede all prior agreements and understandings relating to the subject matter of the Agreement 18 The provisions of this Agreement will inure to the benefit of and be bindirg on the parties and their respective representatives, successors, and assigns. 2010-18 ATTAC11WNT "A^ cov.rna:.at lu Cf trig l�rvic��, tnc. �.f�. ft mn�" Mu:�c ipel S[afEi nq wgrrrnt 19 The failure of Ra party to enforce the provisions of this Agreement 411 not be a waiver of any provision or the right of such party thereafter to enforce each and every provision of this Agreement 20 CITY will not transfer or assign this Agreement without STAFFING F1RM's wr tten consent 21 Any notice or other communication will be deemed to be properly given only when sent via the United States Postal Service or a nationally recognized courier, addressed as shown on the first page of this Agreement. 29 Neither party w0 be responsible for failure or delay in performance of this Agreement if the failure or delay is due to labor disputes.. strikes,fire, riot,war,terrorism acts of God. or any other causes beyond the control of the nonperforming party. 23 The provisions of this agreement shall be entered into according to the laws of the State of California. Term of Agreement 24, This Agreement will be for a term of 12 months from the first date on which both parties have executed it .This agreement may be extended for 12 additional months by mutual agreement of both parties. T he Agreement may be terminated by either party upon 7 days written notice to the other party 25 The interim staffing services to be provided under this agreement shall not exceed $24 900 and shad be reauested via duly authorized CITY Purchase Order (PO). Additional staffing services will require a change order to the PO and must be approved in writing by both the CITY arxf STAFFING FIRM Authorized representatives of the parties have executed this Agreement below to express the parties' agreement to its terms. F SAN BERNARDINO GOVARNMEN_T STAFFING SERVICES, INC. --- il — - ignaturc Sign re Printed Name Printted�N+�amA } Ttic 1itie -- --9 Date nate. A1'PROVLD AS TO FORM: James y, ,,. rani © City At nyt 2010-18 ` Q a m a 0 X W N c N ro V N � � o v N i� ro 3 � a N M 8 w � N v m c a r d _r O E N U O a d 8� y v (n V) A C C H n U x z I� `m v �' N u m w W C ro N U- V U) `a C. c tD y' O �f > p �, .N m U z LL _ U- a L: Cl C 7 Y O a U) c O O m :: v z W ► U a y a Im 10 z P C C E N d O O a (� V C = K i3 C? l— --- m W i Attachment "B" 1 RESOLUTION NO. 2010-18 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING 3 AMENDMENT NO. 1 TO A MUNCIPAL S'TAFF'ING AGREEMENT WITH MUNITEVIPS TO PROVIDE:, ON A TEMPORARY BASIS, AN INTERIM 4 CONSTRUCTION/SURVEY MANAGER TO SUPERVISE THE CONSTRUCTION/SURVEY SECTION OF THE. PUBLIC WORKS DIVISION. 5 BE IT RESOLVED BY THE. MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. That the City Manager is authorized to execute Amendment No. I to 8 ,Municipal Stalling Agreement with MuniTemps to provide, on a temporary basis. an Interim 9 Construction/Survey Manager to supervise the Construetion/Survey Section of the Public Works 10 Division, said Amendment being attached as FNhibit -A-. 11 12 SIiCTION 2. This Amendment No. I shall not take effect or become operative until fully 13 signed and executed by the parties and no party shall be obligated hereunder until the time of Q14 such fill execution. No oral agreements, amendments, modifications or waivers are intended or 15 authorised and shall not be implied from any act or course of conduct of any party. 16 SECTION 3. The authorization to execute this a reement is rescinded if the 6 parties fail 17 18 to execute it within sixty (60) days of passage of this resolution. 19 iu 20 21 22 23 24 25 26 27 28 - 1 - 1010-18 © 1 RESOLUTION ... APPROVING AMENDMENT NO. l TO A MUNCIPAL STAFFING AGREEMENT WITI1 MUNITFMPS TO PROVIDE, ON A TEMPORARY 2 BASIS, AN INTERIM CONS`I•RUCTION/SURVEY MANAGER TO SUPERVISE Tlil. 3 CONST'RUC'TION/SURVF,Y SECTION OF THE PUBLIC WORKS DIVISION. 4 1 111:11IiBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a joint regular _- meeting thereof, held 6 on the 15t day of February • 2010, by the following vote, to wit: 7 Council Members: AYES NAYS ABS'rAIN ABSENT 8 HSTRADA x BAK.ITR x 11 BRINKNR >; 12 SHOR11-I x 13 KFLI,I Y x 14 JOHNSON x.._...-. 15 MC C AMMACK x 16 17 1_. 18 Rachcl Clark, City Clerk 19 I he li>reguing resolution is hereby approved this _ . day of_Iebrua=k—, 2010. 20 21 Patric 3. furriS, or 23 San Bernardino Approved as to form: 24 JAMES P. PENMAN, ('ity Attorney 26 27 Bv: r 28 �; 2010-1a • Exhibit "A" © AMENDMENT NO, 1 TO MUNICIPAL SERVICES AGREEMENT This Amendment No. 1 to Agreement for Services by and between the City of San Bernardino (City) and MUNTTEMPS (Consultant) is made and entered into effective as of the 1 s day of February , 2010 by and between the Agency and the Consultant. WITNESSETH: A. WHEREAS, on November 9, 2009. the City Manager of City approved a Municipal Staffing Agreement with MuniTcmps in the amount of $24.900 to provide, on a temporary basis, an Interim Construction/Survey Manager to supervise the Construction/Survey Section of the Public Works Division, said Municipal Starting Agreement being attached hereto and marked Attachment -A-: and. B. WHEREAS, based on the current rate of expenditure, finding for said Municipal Staffing Agreement will be depleted by the middle or January 2010; and, C. WHEREAS, the services of said Interim Construction/Survey Manager will be needed until March 2010; and 1). WHEREAS, said Municipal Staffing Agreement is valid through November 9, 2010. NOW THEREFORE. the parties hereto agree as follows: I. Paragraph 25 of the Municipal Staffing Agreement is hereby amended to read that this Agreement shall not exceed $44,900. 2. Over the term of this Agreement. Consultant shall be compensated for said Agreement as rollows: a) Original Agreement approved by City Manager 11-09-09 . . . $24,900.00 b) Amendment No. I (this Amendment) 20,000.00 Total not-to-exceed amount . . . . . . . . . . . . $44.900.00 3. All other terns and conditions of said Agreement for Services approved by the City Manager on November 9. 2009 shall remain unchanged. !/1 • '1010-18 Exhibit "A" Amendment Nu. 1 to Municipal Services Agreement -Mun(Temps. Page 2of2 ® AMENDMENT NO. 1 1'O MUNICIPAL SERVICES AGREEMENT IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown below. MUNITEMPS Date: ..'' ° - bv:�— - fit_-C Signs re Print Name/1'it e CITY OF SAN BFRNARDINO Date: by: __ ------ 'h• i anager dint City of"San Bem A I'TI ST: Rachel Clark, City Clerk Approved as to firm: James F. Penman City Attorney y fay. r ! i