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HomeMy WebLinkAbout09903RESOLUTION NO. 9903 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE COUNTY OF PUEBLO FOR COMMUNITY SERVICES PLANNING, ADMINISTRATION AND ACCOUNTABILITY SERVICES AND PROVIDING FOR THE EXECUTION THEREOF, TRANSFERRING FUNDS FROM THE CONTINGENCY ACCOUNT, AND RESCINDING RESOLUTION 9891 WHEREAS, both City and County provide significant funding to local non-profit community service organizations serving the needs of local residents; and WHEREAS, City and County each have staff employees providing essentially the same functions with respect to the funding, contracting and compliance monitoring of such organizations; and WHEREAS, City has requested a proposal from County for consolidation and cooperation with respect to certain activities relating to the funding, contracting and compliance monitoring of such organizations, and County has made such a proposal to City, which, as modified herein, is acceptable to City; and WHEREAS, the parties to this Agreement desire to enter into a written agreement which sets forth their arrangement for consolidation of activities and cooperation with respect to funding, contracting and compliance monitoring of such organizations; and WHEREAS, each party hereto has the authority, capacity and ability to undertake the functions and activities which comprise the subject matter of this Agreement. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Except to the extent budgeted and appropriated, no funds of the City may be used for any purpose under the Agreement unless duly authorized by the City Council. SECTION 2. Funds in the amount of $17,500 are hereby transferred from the Contingencies Account in the 2003 budget. SECTION 3. The President of the City Council is authorized to execute the Agreement for Community Services Planning, Administration and Accountability Services in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 4. Resolution 9891 is hereby rescinded in its entirety. INTRODUCED July 14, 2003 BY Al Gurule/Councilperson APPROVED: Bill Sova/President of City Council ATTEST: Gina Dutcher/City Clerk Background Paper for Proposed RESOLUTION DATE: JULY 14, 2003 DEPARTMENT: CITY MANAGER'S OFFICE LEE R. EVETT, CITY MANAGER DAVE GALLI, DEPUTY CITY MANAGER AGENDAITEM #O~ TITLE A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE COUNTY OF PUEBLO FOR COMMUNITY SERVICES PLANNING, ADMINISTRATION AND ACCOUNTABILITY SERVICES AND PROVIDING FOR THE EXECUTION THEREOF, TRANSFERRING FUNDS FROM THE CONTINGENCY ACCOUNT, AND RESCINDING RESOLUTION 9891 ISSUE An agreement between the City of Pueblo and the County of Pueblo contracting with the County's Department of Housing and Human Services to provide contracting and compliance monitoring for the City's Health and Human Services and other general revenue funding appropriated said the purposes. RECOMMENDATION Approve BACKGROUND The City approached the County with a request to consolidate the activities of funding, contracting, and compliance monitoring of the Health and Human Services agencies, and other agencies providing "Community Services" as defined in the Agreement. The City and County have historically coordinated their funding, but have allocated funds and monitored each funded agency separately. This Agreement consolidates these activities under the County's Department of Housing and Human Services and creates the Community Services Advisory Commission. The Commission serves in an advisory capacity only. The City Council retains the authority to make funding decisions. The City retains the ability to monitor and evaluate the progress and performance of the County Department of Housing and Human Services. This is a three-year Agreement from June 1,2003 through May 31, 2006. This agreement was previously approved by the City Council at the June 23 City Council meeting; however, Pueblo County had asked for several modifications. The changes, which are agreeable to the City staff, are as follows: 1. Members of the Community Services Advisory Commission will be jointly appointed by the County Commissioners and the City Council upon recommendations made by a selection committee comprised of three County Commissioners and three members of the City Council. 2. Prohibits any employee of the City or County or any affiliated entity from serving on the Community Services Advisory Commission. 3. Provides that the agreement may be terminated by either party, without cause, upon 10 days written notice. FINANCIAL IMPACT The City agrees to pay to County compensation in the amount of $17,500 for the first year of the original term of the Agreement and $12,000 per year for years two and three. Funds to be transferred from the Contingency Account. Final Revised 7/7/03 AGREEMENT FOR COMMUNITY SERVICES PLANNING, ADMINISTRATION AND ACCOUNTABILITY SERVICES THIS AGREEMENT ("Agreement") is made and entered into this 14th day of July, 2003 by and between the City of Pueblo, a Municipal Corporation (hereinafter "City") and the Board of County Commissioners of the County of Pueblo (hereinafter "County"). WHEREAS, both City and County provide significant funding to local non-profit community service organizations serving the needs of local residents; and WHEREAS, City and County each have staff employees providing essentially the same functions with respect to the funding, contracting and compliance monitoring of such organizations; and WHEREAS, City has requested a proposal from County for consolidation and cooperation with respect to certain activities relating to the funding, contracting and compliance monitoring of such organizations, and County has made such a proposal to City, which, as modified herein, is acceptable to City; and WHEREAS, the parties to this Agreement desire to enter into a written agreement which sets forth their arrangement for consolidation of activities and cooperation with respect to funding, contracting and compliance monitoring of such organizations; and WHEREAS, each party hereto has the authority, capacity and ability to undertake the functions and activities wlfich comprise the subject matter of this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the terms and conditions set forth herein, the parties hereto do mutually agree as follows: 1. Definitions. As used herein, the following terms shall have the meaning set forth below: "Board" shall mean the Board of County Commissioners of County; "CDBG Funds" shall mean Community Development Block Grant funds provided by or through the U. S. Department of Housing and Urban Development, and includes anyprogram income attributable thereto; "City Department" shall mean the Department of Housing and Citizen Services of the City of Pueblo; "City Director" shall mean the Director of the City Department or Director's designee; "Community' Services" means the provision of materials, services or facilities to serve otherwise unmet needs of residents of City or County in any of the following areas: elderly assistance; child care; assistance for the disabled; suicide prevention; youth services; homeless services; nutrition; health care; recreation; historic preservation; family planning; cultural programs; economic development; and environmental programs; "CommunityServices Advisory Commission" or"Commission" shall mean the advisory board created under this Agreement; "Council" shall mean the City Council of City; "County Department" shall mean the Pueblo County Department of Housing and Human Services; "County Director" shall mean the Director of the County Department; "General Funds" shall mean any funds of either City or County which are not attributable to a federal or state grant, loan or contract or to a gift or bequest; "ServiceAgency" shall mean a nonprofit organization qualified as an Internal Revenue Code 501(c)(3) organization which performs one or more of the Community Services as defined in this Agreement. 2. Establishment of Community Services Advisory Commission. (a) There is hereby established an advisory commission to be known as the Community Services Advisory Commission. The Commission shall be comprised of two non-voting members in accordance with section 2(c) of this Agreement and fifteen (15) voting members appointed in accordance with section 2(b) of this Agreement. (b) One voting member shall be the person holding the position of Director of United Way of Pueblo County, Colorado, Inc., a Colorado Nonprofit Corporation ("United Way"). The Board and Council shall each appoint three of its members to a committee (the "Selection Committee") which shall, consistent with the requirements of this paragraph, make recommendations to the Board and full Council regarding the appointment of the remaining fourteen (14) voting members of the Commission. The remaining fourteen (14) voting members, not less than seven (7) of which shall be residents of the City, shall thereafter be appointed jointly by the Board and the Council after consideration of the recommendations of the Selection Committee. One voting member shall be a person serving on the City's Citizen Advisory Committee for CDBG funds and one voting member shall be a person serving on the County's Community Services Block Grant Advisory Board. A reasonable effort shall be made by the Selection Committee to recommend, and the Board and Council to appoint, as the remaining voting members to the Commission, persons who are knowledgeable in or broadly representative of interests in the following areas: senior -2- services, early childhood development, disabled persons, health care, mental health, youth services and activities, arts and culture, recreation, economic development, private foundations, faith-based organizations, and education. No voting member shall be affiliated with a Service Agency receiving or applying for General Funds as an employee, officer, director or board member of the Service Agency, nor shall any voting member be an employee of either the City or County or any affiliated entity. In the case of the initial appointments, three (3) members shall serve a term of one (1) year, four (4) members shall serve a term of two (2) years, four (4) members shall serve a term of three (3) years, and three (3) members shall serve a term of four (4) years. All succeeding appointments shall be for four (4) years, except that in the case of any appointment to fill a vacancy occurring during an unexpired term of a member, the appointment shall only be for the remainder of the unexpired term.. (c) The City Director and County Director shall serve as non-voting ex officio members of the Commission. (d) Members of the Commission shall select a chair from among its members and may fill such other offices as it may deem necessary. (e) Members of the Commission shall serve without compensation. 3. Functions and Responsibilities of the Commission. The functions of the Commission shall be to: provide for a public process for receipt and evaluation of proposals from Service Agencies which desire to provide Community Services using General Funds provided by either City or County and other allocated County funds which may be provided by County (hereinafter "Proposals"); review, analyze, and comment upon the Proposals; and make recommen-dations to the Board and Council regarding such Proposals, taking into account assessment of needs in the Community, the amount or amounts of anticipated and actual General Funds and other allocated County funds, and direction provided from time to time by the Board and Council. 4. Powers and Duties of the Commission. The powers and duties of the Commission shall be as follows: (a) To cooperate with Service Agencies, City Director, County Director and the staff of City Department and County Department in effectuating the intent and purpose of this Agreement; and (b) To coordinate with United Way to assure that funding provided by City and County is designed to best serve the needs of City and County residents; (c) To receive, evaluate and make advisory recommendations upon, proposals for -3- allocated funding of Community Services from General Funds anticipated to be available from City and County and other allocated County funds anticipated to be available from County; (d) To meet as necessary and to hold informal hearings on proposals for funding of Community Services in order to obtain relevant and necessary information with which to make fiscal funding recommendations to be provided to elected officials; and (e) To choose its own officers and to create such subcommittees as, in its judgment, will aid in effectuating its other purposes; and (f) To make reports to Council and the Board as requested by Council or Board; and (g) To adopt bylaws and rules as necessary to effectuate the intent of and policy statements set forth in this Agreement; provided, however, that such bylaws and rules shall not become effective unless and until approved by both Board and Council; and (h) To provide monitoring oversight, through on-site visits and other means, on the use of General Funds and other allocated County funds by Service Agencies to assure that funds are properly managed and expended in accordance with contracts between the Service Agencies and Board or Council. 5. Policy Guidance for Commission. The following policy statements are hereby adopted by Board and Council for the guidance of the Commission, City Department and County Department: (a) City and County are committed to working together with a collaborative process for planning, contracting and compliance monitoring with respect to funding of Service Agencies. Nothing in this Agreement, however, is intended to be applicable to or affect the process or procedures which apply to the allocation or use of CDBG Funds by either City or County. (b) In general, funding recommendations should attempt to reasonably allocate available funding based upon articulable criteria developed by the Commission in order to serve the most important otherwise unmet Community Services needs of the Community; and to the extent consistent with the foregoing, giving priority within any particular category of Community Services to those proposals reaching or serving the greatest number of persons having need within the category. (c) Board and Council each specifically reaffirm that this Agreement is not intended to, nor does it, delegate any legislative or budgetary authority vested in or reserved to Board or Council. Board and Council shall each retain their respective independent authority to accept or reject any recommendation of the Commission, to establish in its own budget process the overall level of funding from General Funds and other allocated County funds for Community Services, and to -4- determine both the selections of recipients and amounts of such funding for such Service Agencies, if any. (d) Notwithstanding the foregoing, Board and Council shall jointly meet at least once each year prior to July 1 during the term of this Agreement for the purpose of determining the funding level for the following year. (e) Faith-based organizations shall be permitted to participate in the funding process provided that General Funds and other allocated County funds are not used to directly fund religious activities or functions. 6. Responsibilities of County Department of Housing and Human Services. The County Department shall have the responsibilities, and provide the specific functions and services, set forth below: (a) The County Director will act as the lead administrator for all activities contemplated by this Agreement, and shall directly supervise the staff of the County Department. (b) The County Director and staff of County Department will consult and collaborate with the City Director and such City staffas may be designated by the City Manager. (c) Under the supervision of the County Director, the Cotmty Department shall: (i) Serve as staff to the Commission, including preparation of meeting agendas and mailings and attendance at meetings; draft reports, budgets and correspondence; and perform all other actions necessary or desirable for the Commission to serve its intended functions. (ii) Participate in meetings with community groups and organizations that are involved in assessing Community Services needs in the community. (iii) Prepare and cause to be published or distributed Requests for Proposals including applications in consultation with the City Director, Commission and United Way. (iv) Receive, review and critique Proposals submitted by Service Agencies. (v) Prepare charts, spreadsheets and other comparative materials and media for evaluation of Proposals for funding. (vi) Prepare contracts for execution by City or County and Service Agencies, using forms approved by the respective local government. -5- (vii) Perform periodic contract monitoring of each Service Agency receiving funding with General Funds from City or County, including both financial and performance reviews. Generally, monitoring shall include desk audits of quarterly f'mancial and programmatic reports provided by Service Agencies, on-site visits to the Service Agencies' facilities, phone reviews as necessary, and development of corrective action plans, notices of default and other actions to obtain full contract compliance by Service Agencies. (viii) Process Service Agency requests for payment and communicate regularly with the City's Department of Finance and County's Budget Office with respect to periodic disbursements to Service Agencies. (ix) Prepare and provide to the Commission, Board and Council, quarterly reports on its activities and the Service Agencies receiving General Funds. (x) Provide planning and technical assistance to Service Agencies which may include: assistance with applications for funding, assistance with adopting and implementing necessary accounting policies and procedures; troubleshooting fiscal or programmatic issues; assistance in locating additional funding; and sponsorship of community workshops and training relating to the subject matter of this Agreement. (xi) Perform all necessary or desirable accounting, data entry, word processing and clerical activities necessary to effectuate the foregoing functions. 7. Payments by City to County. In order to partially defray County's costs and expenses in performing services under this Agreement which in part relate to City's fimding of Service Agencies, while reducing City's costs and expenses through the avoidance of duplication of services, City agrees to pay to County compensation ("Compensation") in the amount of $17,500 for the first year of the original term of this Agreement for services provided and expenses incurred hereunder. Payment of Compensation hereunder shall be in monthly installments, each equal to 1/12 of the total annual Compensation. In the second and third years of the original term, the amount of Compensation payable by City to County for its services shall be $12,000. The parties state and acknowledge that the reason that Compensation is higher during the first year of the initial term is due to one-time start-up costs associated with consolidation. 8. Term of Agreement. Subject to annual appropriation for years after 2003, the initial term of this Agreement shall be from June 1, 2003 to May 31, 2006, unless sooner terminated as provided herein. By mutual agreement of the parties in writing, this Agreement may be extended for successive additional one (1) year terms. -6- 9. Termination of Agreement. (a) For Cause. This Agreement may be terminated by either party for cause, including any nonperformance by the County or non-payment by the City, upon ten (10) days written notice to the other party including a statement of the reasons therefor. (b) For Convenience. This Agreement may be terminated by either party without cause upon ten (10) days written notice to the other party. __(c). Post Termination Procedures. lnthe event of termination, County shall turn over all materials and contracts involving City funding to City Director, cease further work and the County shall be entitled to receive just and equitable compensation for satisfactory work performed through the date of termination for which compensation has not previously been paid. In no event shall the amount of payment in the event of termination, when added to payments already made by City during any term, result in exceedance of the amount provided in Section 7 of this Agreement. 10. Assignability. This Agreement shall not be assigned or transferred by either party without the prior written consent of the other party. Any assignment or attempted assignment made in violation of this provision shall, at the non-assigning party's election, be deemed void and of no effect whatsoever. 11. Conflict of Interest. Each party certifies that neither it nor any members of its Board of County or Council of City, or their respective officers or employees has or will derive any personal or financial interest or benefit from the activity or activities assisted pursuant to this Agreement, nor has an interest in any contract, subcontract or agreement with respect thereto, nor the proceeds thereunder, either for themselves or for those with whom they have family or business ties, during their tenure and for one year thereafter. Each party shall avoid all conflicts of interest which are prohibited by applicable law and regulations. 12. County Recordkeeping. County shall maintain records as to work performed, services provided, and reimbursable expenses (if any) incurred in performing the functions to be performed by County Department hereunder, including the Scope of Services. County shall also keep and maintain accounting records in accordance with accounting standards for governmental entities. City shall have the right to inspect and copy, during reasonable business hours, all books, documents, papers and records, including accounting records of the County, which relate to this Agreement for the purpose of making an audit or examination. Upon completion of the work and end of the term of this Agreement, the City may require that a copy of all of County's financial and other records relating to this Agreement be turned over to City. -7- 13. Inquiry by City. Notwithstanding anything in this Agreement, at the request of Council, or for any other reason, City Department shall have the right, but not the duty, to make separate inquiry of, and perform whatever additional monitoring or inquiry may, in its opinion, be necessary with respect to, any contract for Community Services or Service Agency receiving or which has received funding fi:om City. 14. City Oversight. The City shall have the right to monitor and evaluate the progress and performance of the County Department to assure that the terms of this Agreement are being satisfactorily fulfilled. The City Department mayreview the County's performance using on-site visits, progress reports required to be submitted by the County, audit findings, disbursement transactions and contact with the County as necessary. If requested, the County shall furnish to the City quarterly program and financial reports of its activities in such form and manner as may be requested by the City. County and County Department shall fully cooperate with City relating to such monitoring and evaluation. 15. Liabil~y;Insurance. As to the City, County agrees to assume the risk of all personal injury, including death and bodily injury, and damage to and destruction of property, including loss of use therefrom, caused by or sustained, in whole or in part, in conjunction with or arising out of the performance or nonperformance of this Agreement by County or by the conditions created thereby; provided, however, that nothing in this paragraph is intended, nor should it be construed, to create or extend any rights, claims or benefits or assume any liability for or on behalf of any third party, or to waive any immunities or limitations otherwise conferred under or by virtue of federal or state law, including but not limited to the Colorado Governmental Immunity Act, C.R.S. {}24-10-101, et. se_~q. County shall provide and maintain Workers' Compensation insurance coverage or self insurance on its employees complying with the requirements of state law. 16. Equal Employment Opportunity. In connection with the performance of this Agreement, County shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, disability or age. County shall endeavor to insure that applicants are employed, and that employees are treated during employment, without regard to their race, rehgion, sex, national origin, disability or age. 17. Entire Agreement; Amendments. The provisions set forth in this Agreement, and all Exhibits and attachments to this Agreement, if any, constitute the entire and complete agreement of the parties hereto and supersede all prior proposals, written and oral agreements, if any, understandings or representations related -8- thereto. No amendment or modification of this Agreement, and no waiver of any provision of this Agreement, shall be binding unless made in writing and executed by the duly authorized officers of both the County and City. 18. Signatures. The persons signing this Agreement on behalf of each party represent and warrant that such persons and their respective party have the requisite power and authority to enter into, execute and deliver this Agreement and that this Agreement is a valid and legally binding obligation of such party enforceable against it in accordance with its terms. IN WITNESS WHEREOF, the County and the City have executed this Agreement as of the date first above written and under the laws of the State of Colorado. ATTEST: City C~k APPROVED AS TO FORM: City Attorney CITY OF P~ratio~ By President of the City Council BALANCE OF APPROPRIATIONS EXISTS FOR THiS CONTRACT AND FUNDS ARE AVAILABLE: Director of Finance ATTEST: Secretary COUNTY OF PUEBLO ChMr, Board of County Commi~i)~ers DATE BALANCE IN 2003 CONTINGENCIES ACCT. DEBIT CREDIT BALANCE Beginning Balance $ 164,550.00 3/24/2003 Federal Consumer Information Center $ 3,500.00 $ 161,050.00 3/24/2003 Parking Enforcer Vehicle Purchase $ 23,000.00 $ 138,050.00 4/14/2003 Special Election Expenses $ 60,000.00 $ 78,050.00 7/14/2003 City/County Community Services Agreement $ 17,500.00 $ 60,550.00 7/28/2003 Additional Matching Funds--Transit Grant $ 6,864.00 $ 53,686.00 $ 53,686.00 $ 53,686.00 $ 53,686.00 $ 53,686.00 $ 53,686.00 $ 53,686.00 $ 53,686.00 $ 53,686.00 $ 53,686.00 $ 53,686.00 $ 53,686.00 $ 53,686.00 $ 53,686.00 $ 53,686.00 $ 53,686.00 $ 53,686.00 $ 53,686.00 $ 53,686.00 $ 53,686.00 $ 53,686.00 $ 53,686.00 $ 53,686.00 $ 53,686.00 $ 53,686.00 $ 53,686.00 $ 53,686.00 $ 53,686.00 $ 53,686.00 $ 53,686.00 $ 53,686.00 $ 53,686.00 $ 53,686.00 STATE OF COLORADO. County of Pueblo. office in Pueblo County, Colorado, on_ Tuesday .... ~ulv Remular thc 1 ~th A.D.~_0~__. at___. ~;00 A.M. _ o'clock. __Lor ~t.ll~..Ken~edy ................... Chairnmn. __~Mat.[~e~uLen Gary Raso, Asst. Cty. Att. Sue M. Kovacich~ Dep. Clerk session in its day of County Commissioner. County Commissiuner. County Attorney. Cnunty Clerk or Deputy. When thc lbllowing proceedings, among otllcrs, were had and done. to wit: REgOLUTIONNO. 03-177 APPROVING THE AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PUEBLO FOR THE ESTABLISHMENT OF A COMMUNITY SERVICES ADVISORY COMMISSION WHEREAS, the City of Pueblo ("City") and Pueblo County ("County) provide significant funding to local non-profit community service organizations and have staff employees providing essentially the same functions with respect to the funding, contracting and compliance monitoring of such organizations; and WHEREAS, in an effort to reduce costs and avoid duplication of services, the City and County desire to enter into an Agreement which sets forth their arrangement for consolidation and cooperation with respect to their activities associated with local non-profit community service organizations; and WHEREAS, Sections 18(2)(a) and (b) of Article XIV of the Colorado Constitution, and Section 29-1-203, C.R.S., authorize governments to contract and cooperate with one another; and WHEREAS, the City Council of the City of Pueblo approved said agreement at their July 14, 2003, City Council meeting; and WHEREAS, said cooperative agreement is for an initial term of three (3) years beginning June 1, 2003 and ending May 31, 2006, and according to the terms of the agreement the City of Pueblo agrees to pay to Pueblo County compensation for services provided and expenses incurred under the Agreement in the amount of $17,500.00 for the first year and $12,000.00 in the second and third years, subject to annual appropriation by the City of Pueblo for years after 2003; and WHEREAS, this Board feels it would serve the public welfare and be in the best interests of the citizens of Pueblo County, Colorado, for the County of Pueblo to enter into a cooperative Agreement with the City of Pueblo to enable both entities to serve the needs of local non-profit community service organizations in a more efficient and cost effective manner. STATE OF COLORADO. County of Pueblo. The Board of County Cnmnussioncrs office in Pueblo County, Colorado. on___ July met m_ Regular session in its Tuesday the 15 th day of .A.D.:~ 03 . at 9:00 A.M. o'ctock. Chairman. Counly Commissioner. County Commissioner. County Attorney. Coumy Clerk or Deputy. When thc following prncccdings, amnng others, were had and done. to wit: RESOLUTION NO. 03-177 (CONTINUED) NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pueblo County, Colorado, that the Agreement between the City of Pueblo, a Municipal Corporation, and Pueblo County, Colorado, dated July 14, 2003, and effective beginning June 1, 2003, the terms and conditions of which are incorporated herein by this reference, be, and hereby is, approved. BE IT FURTHER RESOLVED that the Chair of the Board of County Commissioners of Pueblo County, Colorado, be, and hereby is, authorized to sign said Agreement on behalf of Pueblo County. BE IT EVEN FURTHER RESOLVED that the Pueblo County Department of Housing and Human Services act as the Lead Agency in the Partnership and the Director of the Pueblo County Department of Housing and Human Services is named Lead Administrator and is hereby authorized to implement the terms of the Agreement on behalf of Pueblo County. By the following vote on roll call: KENNEDY - AYE PEULEN - AYE