HomeMy WebLinkAbout2019-076 20190368 Jonathan Lange PHD SERVICES AGREEMENT
PROVIDER: Jon Lange Consulting
CITY OF PROVIDER'S CONTACT: Jon Lange,PhD.
ASH LAN D
20 East Main Street ADDRESS: 2345 Blue Sky Lane,Ashland, OR 97520
Ashland,Oregon 97520
Telephone: 541/488-5587 PHONE: (541) 778-4072
Fax: 541/488-6006
This Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an
Oregon municipal corporation (hereinafter "City") and Jon Lange Consulting, a domestic business corporation
("hereinafter"Provider"), for consulting with the City Council's goal setting.
1. PROVIDER'S OBLIGATIONS
1.1 Provide goal setting consulting as set forth in the"SUPPORTING DOCUMENTS" attached hereto and,
by this reference, incorporated herein. Provider expressly acknowledges that time is of the essence of
any completion date set forth in the SUPPORTING DOCUMENTS,and that no waiver or extension of
such deadline may be authorized except in the same manner as herein provided for authority to exceed
the maximum compensation. The services defined and described in the "SUPPORTING
DOCUMENTS"shall hereinafter be collectively referred to as"Work."
1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance
of all Work received hereunder,a policy or policies of liability insurance including commercial general
liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two
million dollars)per occurrence for Bodily Injury and Property Damage. wa;VIP
1.2.1 The insurance required in this Article shall include the following coverages: W
• Comprehensive General or Commercial General Liability, including personal injury,
contractual liability, and products/completed operations coverage; and
• Automobile Liability.
1.2.2 Each policy of such insurance shall be on an "occurrence" and not a "claims made" form, and
shall:
• Name as additional insured "the City of Ashland, Oregon, its officers, agents and
employees" with respect to claims arising out of the provision of Work under this
Agreement;
• Apply to each named and additional named insured as though a separate policy had been
issued to each,provided that the policy limits shall not be increased thereby;
• Apply as primary coverage for each additional named insured except to the extent that two
or more such policies are intended to "layer" coverage and, taken together, they provide
total coverage from the first dollar of liability;
• Provider shall immediately notify the City of any change in insurance coverage
• Provider shall supply an endorsement naming the City, its officers, employees and agents
as additional insureds by the Effective Date of this Agreement; and
• Be evidenced by a certificate or certificates of such insurance approved by the City.
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1.3 Provider shall,at its own expense,maintain Worker's Compensation insurance in compliance with ORS
656.017, which requires subject employers to provide workers' compensation coverage for all of its
subject workers.
1.4 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status,
familial status or domestic partnership, national origin, age, mental or physical disability, sexual
orientation, gender identity or source of income, suffer discrimination in the performance of this
Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of
federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Provider agrees
not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned
business, a business that a service-disabled veteran owns or an emerging small business enterprise
certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110.
1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be
performed under a subcontract, including procurements of materials or leases of equipment, each
potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under
this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws.
1.6 Living Wage Requirements: If the amount of this Agreement is $21,127.46 or more, Provider is
required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage,as defined
in that chapter, to all employees performing Work under this Agreement and to any Subcontractor who
performs 50% or more of the Work under this Agreement. Consultant is also required to post the notice
attached hereto as "Exhibit A"predominantly in areas where it will be seen by all employees.
2. CITY'S OBLIGATIONS
2.1 City shall pay Provider the sum of$200/hour for between 20 and 27 hours for all activities as provided
herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS.
2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed
the sum of$6,400 without express, written approval from the City official whose signature appears
below, or such official's successor in office. Provider expressly acknowledges that no other person has
authority to order or authorize additional Work which would cause this maximum sum to be exceeded
and that any authorization from the responsible official must be in writing. Provider further
acknowledges that any Work delivered or expenses incurred without authorization as provided herein is
done at Provider's own risk and as a volunteer without expectation of compensation or reimbursement.
3. GENERAL PROVISIONS
3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from
Provider and is free to procure similar types of goods and services from other providers in its sole
discretion.
3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose.
3.3 Provider is not entitled to, and expressly waives all claims to City benefits such as health and disability
insurance,paid leave, and retirement.
3.4 This Agreement embodies the full and complete understanding of the parties respecting the subject
matter hereof. It supersedes all prior agreements,negotiations,and representations between the parties,
whether written or oral.
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Ii
3.5 This Agreement may be amended only by written instrument executed with the same formalities as this
Agreement.
3.6 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement:
ORS 279B.220, 279B.230 and 279B.235.
3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws
principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the
Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court,
in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party
expressly waives any and all rights to maintain an action under this Agreement in any other venue, and
expressly consents that, upon motion of the other party, any case may be dismissed or its venue
transferred, as appropriate, so as to effectuate this choice of venue.
3.8 Provider shall defend,save,hold harmless and indemnify the City and its officers,employees and agents
from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of
any nature resulting from, arising out of, or relating to the activities of Provider or its officers,
employees, contractors, or agents under this Agreement.
3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance
caused by acts of God,strikes,lockouts,accidents,or other events beyond the control of the other or the
other's officers, employees or agents.
3.10 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable,
such provision shall not affect the other provisions, but such unenforceable provision shall be deemed
modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the
intent of Provider and the City set forth in this Agreement.
4. SUPPORTING DOCUMENTS
The following documents are,by this reference,expressly incorporated in this Agreement,and are collectively
referred to in this Agreement as the"SUPPORTING DOCUMENTS:"
• The Provider and other consultant's complete written proposals or pricing quotes.
5. REMEDIES
5.1 In the event Provider is in default of this Agreement, City may, at its option, pursue any or all of the
remedies available to it under this Agreement and at law or in equity, including,but not limited to:
5.1.1 Termination of this Agreement;
5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled
completion dates or any Work that have been delivered inadequately or defectively;
5.1.3 Initiation of an action or proceeding for damages, specific performance, or declaratory or
injunctive relief;
5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent,and City may pursue
any remedy or remedies singly, collectively, successively or in any order whatsoever.
5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or
paid to Provider exceed the amount due, Provider shall pay
anticipated profits. If previous amounts paz P Y
immediately any excess to City upon written demand provided.
6. TERM AND TERMINATION
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6.1 Term
This Agreement shall be effective from the date of execution on behalf of the City as set forth below
(the `Effective Date"), and shall continue in full force and effect until March 1, 2019, unless sooner
terminated as provided in Subsection 6.2.
6.2 Termination
6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time.
6.2.2 The City may, upon not less than thirty (30) days' prior written notice, terminate this Agreement
for any reason deemed appropriate in its sole discretion.
6.2.3 Either party may terminate this Agreement, with cause, by not less than fourteen(14) days' prior
written notice if the cause is not cured within that fourteen (14) day period after written notice.
Such termination is in addition to and not in lieu of any other remedy at law or equity.
7. NOTICE
Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in
writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or
by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the
address set forth below:
If to the City:
City of Ashland—Administration Department
Attn: Kelly Madding
20 E. Main Street
Ashland, Oregon 97520
Phone: (541)488-6002
With a copy to:
City of Ashland—Legal Department
20 E. Main Street
Ashland, OR 97520
Phone: (541)488-5350
If to Provider:
Jon Lange Consulting
Attn: Jon Lange
2345 Blue Sky Lane
Ashland, OR 97520
Phone: (541) 778-4072
8. WAIVER OF BREACH
One or more waivers or failures to object by either party to the other's breach of any provision,term,condition,
or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach,whether
or not of the same nature.
9. PROVIDER'S COMPLIANCE WITH TAX LAWS
9.1 Provider represents and warrants to the City that:
9.1.1 Provider shall, throughout the term of this Agreement, including any extensions hereof, comply
with:
(i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS
chapters 316, 317, and 318;
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(ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to
Provider; and
(iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any of
the foregoing tax laws or provisions.
9.1.2 Provider, for a period of no fewer than six (6) calendar years preceding the Effective Date of this
Agreement, has faithfully complied with:
(i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS
chapters 316, 317, and 318;
(ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to
Provider; and
(iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of
the foregoing tax laws or provisions.
9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any
political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further,
any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of
this Agreement. Any material breach of this Agreement shall entitle the City to terminate this
Agreement and to seek damages and any other relief available under this Agreement,at law,or in equity.
IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names
by their duly authorized representatives as of the dates set forth below.
CITY OF ASHLAND: JON LANGE CONSULTING (PROVIDER):
By: By: . _
Stgnatur Si an e
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C,tk Printed Name Printed Name
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Title Title
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Date Date
(W-9 is to be submitted with this signed Agreement)
Purchase Order No.
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JON LANGE , PhD .
2345 BLUE SKY LANE • ASHLAND • OREGON • 97520
• 541.778-4072
www.jonlangeconsulting.com
jonlangeconsulting(&gmail.com
PROPOSAL FOR CITY OF ASHLAND
COUNCIL GOAL-SETTING
Introduction
This (second) proposal identifies steps for the Ashland City Council goal-setting
process. After the steps are listed, a tentative timeline is presented; costs are
estimated; and a "final word" is offered.
Steps
The process has already begun with meetings between Kelly Madding, City
Administrator, and Jon Lange facilitator. Based partially on those meetings, and a
previous proposal, the following steps were generated.
(1) The City Councilors and Mayor (participants) will receive an e-mail preparing them
for 30-45 minute interviews the facilitator will conduct. Each participant will also receive
a list of all the services the City provides.
(2) Next, in the interviews, participants will be asked to identify which services each
believes is "core" or "essential" for the City to provide. The facilitator will record the
seven lists.) Interviewees will also be asked to identify his or her additional goals for the
upcoming biennium, apart from the core services, which the facilitator will also record.
The interviewer/facilitator will assist interviewee/participants in creating goals that are
realistic, measurable, and balanced between specific and general.
(3) The facilitator will compile all the goals and, with the help of the City Administration's
Executive Assistant, get them on to poster paper to display at the goal-setting session in
January.
(4) The actual goal setting session will involve a 3/4 to one full day-long meeting with all
participants, during which agreement on core services will be sought, and goals
prioritized (using a dot-voting process; see page 3).
(5) Next, in a separate meeting or set of meetings--led by the City Administrator with the
facilitator present--those services and goals will be examined by staff, who will be asked
to describe how those services and goals will be implemented, and how much each
would cost.
(6) In yet one final meeting, projected to be 2&112 hours, the staff-generated information
will be transferred to the councilors and mayor, enabling them to make changes to the
services and goals they have chosen. The final list will be used for the budget
committee work.
Timeline
> The facilitator and City Administrator have already met to:
• plan some of the specific steps, broadly outlined above
• identify a more specific timeline and some of the meeting logistics (such as
coordinating administrative/clerical assistance, identifying meeting sites,
handling public who might attend, etc.),
• discuss and create the first, outgoing e-mail,
• converse about staff participation, and
• go over any other considerations that emerge
> Interviews: Prior to January 1
> First goal-setting session: To be determined
> Staff meetings: To be determined.
> Final meeting with councilors and mayor: To be determined but before January
31, 2019
Costs
The cost estimate is based on a non-profit/government (further reduced for the City of
Ashland) rate of$200/hour for between 20 and 27 hours for a//activities, including
meetings, preparation, planning, email, and phone. This results in an estimate of
between $4000 and $5400.
Actual costs will depend on length of time for: interviews; facilitator preparation and
meeting participation;
coordination and translation of information between staff and
council; phone and e-mail exchanges.
We can also use a Not To Exceed (NTE) rate if that is desirable.
A last word
I understand this work will significantly affect the City Council's agenda, and therefore,
the entire city of Ashland. In addition, it will be one of the earlier shared meetings for
the new Council. So, it will be important to create a serious-minded, yet affirmative and
sometimes even upbeat tone. I will work to find just the right combination of those
variables. It would be a pleasure and honor to assist with this important endeavor.
2
I I
DOT-VOTING PROCESS
Step One: Opportunity to Add or Change Goals 11
• Councilors would see all the goals, displayed on poster paper on the wall, and on
sheets of paper they would receive.
• This is a chance to modify or even add a goal they hadn't originally thought of.
• At this point, no evaluations or disagreements are allowed.
Step Two: Discuss and Advocate
• Facilitator provides the opportunity for question-asking and clarification so that
everyone fully understands each goal.
• Everyone is encouraged to speak. Facilitator works to make councilors "feel
heard."
• Group members advocate for their goals.
• Members can attempt to persuade others but are encouraged to remain open.
Step Three: Synthesize and Cluster
• To prevent goals that are similar from "splitting the vote," similar ideas are
combined. That is, the facilitator works with the individuals who offered the
similar items to create perhaps just one overall goal so that two or more won't
inadvertently split a vote in the prioritization process.
Step Four: Prioritize
• Each person has four"sticky-dots,"*each dot a different color. One dot is worth
four points, another is worth three. Another dot is worth two points and the final
dot worth one. On the poster paper, people attach their four point dot to their first
choice, their three point dot to their second choice, and so on. Members must
vote four different times; that is, no combining of dots on a favorite goal.
• The total point values are added up to reveal a collaborative, democratically-
arrived at prioritization of all the goals.
• Those items not getting points are kept on the list.
• The sheets are kept and the goals are written up and adopted using whatever
mechanisms the Council usually employs.
Step Five: Last comments
• Optional: If time, each councilor would be given a minute to offer any "last
words," during which they suggest any non-tangible goals they might hold for the
upcoming years, for example, about how they will work together.
*Depending on the number of initial goals, the number of dots and colors could
vary.
3
Kelly Madding
From: Jon Lange <jonlangeconsulting @gmail.com>
Sent: Tuesday,January 08, 2019 3:43 PM
To: Kelly Madding
Subject: Not To Exceed number
Hi Kelly,
My best estimate is now$5600. I am more than comfortable, if you are, using a Not To Exceed (NTE) number of
$6400. The latter figure gives a four hour latitude beyond what I'm now projecting.
Let me know if you want to discuss this further.
Thank you again,
Jon
Jonathan I, Lange, Ph.D.
Professor Emeritus
Southern Oregon University
www.jonlangeconsulting.com
ionlangeconsulting@gmail.com
(541)778-4072
1
CITY OF
Memo ASHLAND
FROM: Kelly Madding
DATE: February 8, 2019
RE: City Council Goal Setting Facilitation Quotes
The City Council directed me to provide them a consultant to facilitate their goal setting. I asked each
consultant for costs on the following:
• Meeting with each Councilor and the Mayor 1 day
• Initial goal setting facilitation 1 day
• Final goal setting facilitation 1/2 day
• Meetings with staff over course of project 1/2 day
three consultants and the quotes/answers are below.
I talked to thr co q
Davis Consulting Group: total quoted cost$12,000
I met with Megan Davis Lightman on October 30, 2018 to discuss the project. She verbally
quoted me $4,000 per day.
JLA Public Involvement: declined to offer a quote
I talked with Jeanne Lawson of JLA Public Involvement who had been contracted with the City
of Ashland to conduct goal setting in the Spring of 2018. She would have been the likely
consultant due to her work with the City however she declined to offer a quote.
Jon Lange, PhD: total quoted cost$6,400.
Jon Lange, PhD offered the lowest quote of the three consultants that were asked and he was offered the
contract.
CITY ASHLAND
20 East Main Street Tel:541-488-6002
Ashland,Oregon 97520 Fax:541-488-5311
www.ashland.or.us TTY: 800-735-2900 '`
CITY OF
FORM #4 AS H LAN D
DETERMINATIONS TO PROCURE
PERSONAL SERVICES
$5,000 to $75,000
Prepared by:Kelly Madding,City Administrator
Date: February 8, 2019
Re: DETERMINATIONS TO PROCURE PERSONAL SERVICES
In accordance with AMC 2.50.120(A), for personal services contracts greater than $5,000, but less
than $75,000, the Department Head shall make findings that City personnel are not available to
perform the services, and that the City does not have the personnel or resources to perform the
services required under the proposed contract.
Background
The Council's intent is to hire a consultant for their 2019 Goal Setting sessions by January 2, 2019. See
proposal from John Lange Consulting for details of services provided. The estimated cost and amount
budgeted is $5,600 and will not exceed $6,400. The intended contract will last through March 1, 2019.
Pursuant to AMC 2.50.120(A), has a reasonable inquiry been conducted as to the availability of
City personnel to perform the services, and that the City does not have the personnel and resources
to perform the services required under the proposed contract?
Yes, a reasonable inquiry has been conducted as to the availability of City personnel to perform the
services. As past goal settings have utilized a consultant, this one also needed one to plan the goal setting
process and facilitate the meetings to ensure that the end result was reached in a timely manner.
Requested by: Date:
rtme He
Approved by: ra, Date: 1 II /I`j
Kelly Madding,Ci dministrator
Comments:
Form#4-Department Head Determinations to Procure Personal Services, Page 1 of 1, 2/8/2019
�� R;IEA Purchase Order
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� Fiscal Year 2019 Page: 1 of: 1
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LMTh: Aacnounts Payable Purchase
Ashland, OR 97520 Order# 20190368
T Phone: 541/552-2010
O Email: payable @ashland.or.us
•
✓ H C/O Administration
E LANGE, PHD, JONATHAN I I 20 East Main St
• N 2345 BLUE SKY LANE p Ashland, OR 97520
ASHLAND, OR 97520 Phone: 541/488-6002
R T Fax: 541/488-5311
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02/12/2019 308 FOB ASHLAND OR Ci Accounts Pa able
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Council Goal Setting
1 Council Goal Setting Consultant 1 $6,400.0000 $6,400.00
Per attached proposal
Services Agreement
Completion date: 03/01/2019
Project Account:
*************** GL SUMMARY
010100-604100 $6 40000
•
•
•
By: — Date: a o l 19 _ __
Aritfiioriz ignature �� F_ — $6,400.00
v • CMG€_ . 7? 7
• FORM #3 �W/,--- ( - CITY OF
ASHLAND
A rrrepiest for a P irtaae Or 9r _ , / cy 0 3l
REQUISITION Date of request: 02108!2019
Vendor Name Jon Lange Consulting '
• Address,City,State,Zip 2345 Blue Sky Lane,Ashland,OR 97520 i
Contact Name Jon Lange
Telephone Number (541)7784072
Email address
jonlangeconsulting(a?gmail.com
SOURCING METHOD
❑ Exempt from Competitive Bidding ❑ Invitation to Bid ❑ Emergency
❑ Reason for exemption: Date approved by Council: ❑ Form#13,Written findings and Authorization
❑ AMC 2.50 _(Attach copy of council communication) El Written quote or proposal attached
❑ Written quote or proposal attached (If council approval required,attach copy of CC)
❑ Small Procurement ❑ Request for Proposal Cooperative Procurement
Not exceeding$5,000 Date approved by Council: ❑ State of Oregon
❑ Direct Award (Attach copy of council communication) Contract#
❑ VerbalMritten quote(s)or proposal(s) 0 Request for Qualifications(Public Works) ❑ State of Washington
Intermediate Procurement Date approved by Council: Contract#
GOODS&SERVICES (Attach copy of council communication) ❑ Other government agency contract
Greater than$5,000 and less than$100,000 ❑ Sole Source Agency
❑ (3)Written quotes and solicitation attached ❑Applicable Form(#5,6,7 or 8) Contract#
PERSONAL SERVICES ❑Written quote or proposal attached Form' Intergovernmental Agreement
Greater than$5,000 and less than$75,000 ❑ Form#4, Personal Services>$5K&<$75K Agency
❑ Direct appointment not to exceed$35,000 ❑Annual cost to City does not exceed$25,000.
❑ Special Procurement by Legal Agreement approved b and approved/signed Written proposals/written solicitation ❑ Form#9,Request for Approval A 9 9 gned y
b
❑Form#4,Personal Services>$5K&<$75K ❑ Written quote or proposal attached City Administrator.AMC 2.50.070(4)
Date approved by Council: ❑Annual cost to City exceeds$25,000,Council
Valid until: (Date) approval required.(Attach copy of council communication)
Description of SERVICES Total Cost
•
Council Goal Setting Consulting
$ 6,400.00
Item# Quantity Unit Description of MATERIALS Unit Price Total Cost
•
Per attached quotelproposal TOTAL COST
Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately.
Project Number _ — Account Number 010100 - 604100 $ 6,400.00 —
Project Number -- — — Account Number $ ,_ _ _,_ _ _•_
•
Project Number -- — — Account Number - $ ,- _ _,- - -•_ _
IT Director in collaboration with department to approve all hardware and software purchases:
By signing this requisition form,IIccertify that the City's public contracting requirements have been satisfied. IT Director Date Support-Yes/No
Employee: FYI-
4&f t 41.1(VL 2/a'I 9.• • .. Department Head: I
JQQQ `� (Er 0 s: eater than �O11a
Department Manager/Supervisor: City Administrator: l
/(Equal toSe ea rthanl$25,0 )
Funds appropriated for current fiscal year: ®i NO � C'ice 2_I t s 5
art eDirector-(•''