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I. PARTIES Universityotldah SPONSORED PROGRAM AGREEMENT UNIVERSITY # _ _ _ 1.1 THIS AGREEMENT is made and entered into by and between The Regents of the University of Idaho (UNIVERSITY), a public corporation, state educational institution, and a body politic and corporate organized and existing under the Constitution and laws of the state ofldaho, and the City of Moscow (SPONSOR). In this Agreement, the above entities are jointly referred to as PARTIES. II. PURPOSE 2.1 This agreement provides the terms and conditions for a sponsored project which is of mutual interest and benefit to UNIVERSITY and SPONSOR. 2.2 The performance of such sponsored project is consistent with UNIVERSITY's status as a non-profit, tax-exempt, educational institution, and may derive benefits for SPONSOR, UNIVERSITY and society by the advancement of knowledge in the field of study identified. 2.3 UNIVERSITY's capabilities reflect a substantial public investment which UNIVERSITY, as a part of its mission as a Land Grant University, wishes to utilize in a cooperative and collaborative effort with SPONSOR in order to meet the above stated needs. III. DEFINITIONS 3.1 "Budget" shall mean the Project Budget contained in Attachment A-._)cope of Work and Budget, which is hereby incorporated by reference. 3.2 "Project Director(s)" shall be Steven Hollenhorst. 3.3 ''Sponsor Liaison" shall be Alisa Stone, a SPONSOR representative designated by SPONSOR to be the primary contact with the Project Director. 3.4 "SCOPE OF WORK" shall mean the sponsored project, under the direction of the Project Director, described in Attachment A-Scope of Work and Budget, and any other attachments which may provide additional information on the sponsored project to be performed. 3.5 "Confidential Information" shall mean any information, experience or data regarding SPONSOR's plans, programs, plants, processes, products, costs, equipment operations or customers, including without limitation algorithms, formulae, techniques, improvements, Page 1 of 10 20l0·SI ---PAGE BREAK--- technical drawings and data, and computer software, whether in written, graphic, oral or other tangible form, considered confidential by SPONSOR and protected by trade secret or other right of non-disclosure under the Idaho Public Records Act, IC 9-337 through 9-350 and provided to UNIVERSITY by SPONSOR. 3.6 "Intellectual Property" shall mean any Invention, Copyright, Trademark, Mask Work and/or Proprietary Information produced under the Scope of Work. 3.7 "Invention" shall mean certain inventions and/or discoveries conceived and/or reduced to practice in performance of the Scope of Work and resulting patents, divisionals, continuations, or substitutions of such applications, all reissues and foreign counterpatts thereof, upon which a UNIVERSITY employee or agent is a named inventor. 3.8 "Invention Disclosure(s)" shall mean a written disclosure of a potentially patentable Invention(s) provided to the UNIVERSITY's Technology Transfer Office. 3.9 "Copyright" shall mean any work developed under the Scope of Work that is subject to copyright under copyright law whether or not registered under federal copyright law. 3 .I 0 "Trademark" shall mean any trade or service marks developed under the Scope of Work whether or not registered under either state or federal trademark law. 3.11 "Mask Work" shall mean any two or three dimensional layout or topology of an integrated circuit developed under the Scope of Work. IV. SCOPE OF WORK 4.1 SPONSOR acknowledges that this Agreement is for the performance of the SCOPE OF WORK as defined in Section 3.4 of this Agreement. 4.2 UNIVERSITY agrees to use its reasonable best to perform the SCOPE OF WORK in accordance with the terms and conditions of this Agreement. UNIVERSITY does not represent, wanant, or guarantee that the desired results will be obtained under this Agreement. 4.3 By completion of the intership, University will provide City with a final repmt incorporating the Project results, including all observational data, information, and projected results. The written report shall be sent to the City contact. IV. GENERAL TERMS AND CONDITIONS In consideration of the mutual premises and covenants contained herein, the PARTIES agree to the following terms and conditions. 5.1 5.2 Page 2 of 10 Period of Perfmmance. The specific period of performance for the SCOPE OF WORK shall be August 23, 2010 to May 17, 2011, unless a time extension is mutually agreed upon in writing between the PARTIES in accordance with Atticle 5.17-Amendments. Funding. SPONSOR agrees to reimburse UNIVERSITY for services performed under this Agreement in the amount of il0,9&2.4Q in accordance with the following payment schedule: Due before September 30, 20 I 0. 8' • e ---PAGE BREAK--- 5.3 Project Proposal and Budget. Attachment A-Budget sets forth the Project Budget. The total amount identified above may not be exceeded without prior written amendment to this Agreement signed by the PARTIES. 5.4 Key Personnel. The Project Director may select and supervise other project staff as needed to perform the SCOPE OF WORK. No other person will be substituted for the Project Director except with SPONSOR's approval. SPONSOR may exercise Termination for Convenience provisions of this Agreement if a satisfactory substitute is not identified. 5.5 Control of Scope of Work. The control of the SCOPE OF WORK rests entirely with UNNERSITY. However, the PARTIES agree that UNIVERSITY, through its Project Director, shall maintain communication with the designated liaison for SPONSOR. UNNERSITY's Project Director and SPONSOR's Liaison shall mutually define the frequency and nature of these communications. 5.6 Confidential Information. Page 3 of 10 5.6.1 To the extent allowed by law, UNIVERSITY and SPONSOR agree to use reasonable care to avoid unauthorized disclosure of Confidential Information, including without limitation taking measures to prevent creating a premature bar to a United States or foreign patent application. Each patty will limit access to Confidential Information received from another party hereto to those persons having a need to know. Each party shall employ the same reasonable safeguards in receiving, storing, transmitting, and using Confidential Information that prudent organizations normally exercise with respect to their own confidential information of significant value. 5.6.2 Any Confidential Information shall be in written, graphic, or other tangible form or reduced to such form within thirty (30) days of disclosure and shall be clearly identified as confidential at the time of or within thitty (30) days of disclosure. Confidential Information shall not be disclosed by the receiving party to a third party for a period of three years from receipt of such infonnation or until a patent is published or the Confidential Information is published by the disclosing party or unless the disclosing and receiving parties agree otherwise and in writing at the time of disclosure. Third patties shall include all governmental offices. 5.6.3 The terms of confidentiality set forth in this Agreement shall not be construed to limit the parties' right to independently develop products without the use of another party's Confidential Information. 5.6.4 Confidential Information shall not include information which: 5.6.4.1 was in the receiving party's possession prior to receipt of the disclosed information; 5.6.4.2 is or becomes a matter of public knowledge through no fault of the receiving party; 5.6.4.3 is received from a third patty without a duty of confidentiality; 5.6.4.4 is independently developed by the receiving party; 5.6.4.5 is required to be disclosed under operation of law; ---PAGE BREAK--- 5.6.4.6 is reasonably ascertained by UNIVERSITY or SPONSOR to create a risk to a trial subject or to public health and safety. 5.7 Publication. SPONSOR and UNIVERSITY acknowledge the need to balance SPONSOR's need to protect commercia1ly feasible technologies, products, or processes with UNIVERSITY's public responsibility to freely disseminate scientific findings for the advancement of knowledge. UNIVERSITY recognizes that the public dissemination of information based upon the SCOPE OF WORK performed under this Agreement cannot contain Confidential Infonnation nor should it jeopardize the ability to commercialize Intellectual Property developed hereunder. Similarly, SPONSOR recognizes that the scientific results of SCOPE OF WORK must be publishable and, subject to the confidentiality provisions of this Agreement, may be presented in forums such as symposia or international, national or regional professional meetings, or published in vehicles such as books, journals, websites, theses, or dissettations. UNIVERSITY agrees not to publish or otherwise disclose Confidential Information. SPONSOR agrees that UNIVERSITY, subject to review by SPONSOR, shall have the right to publish results of SCOPE OF WORK excluding Confidential Information. SPONSOR shall be furnished copies of any proposed publication or presentation at least thirty (30) days before submission of such proposed publication or presentation. During that time, SPONSOR shall have the right to review the material for Confidential Information provided by SPONSOR and to assess the patentability of any invention described in the material. If SPONSOR decides that a patent application should be filed, the publication or presentation shall be delayed an additional sixty (60) days or until a patent application is filed, whichever is sooner. At SPONSOR's request, Confidential Information provided by SPONSOR shall be deleted to the extent permissible by and in compliance with UNIVERSITY's record retention obligations. 5.8 Publicity. Neither party shall use the name of the other patty, nor any member of the other party's employees, nor either party's Trademarks in any publicity, advertising, sales promotion, news release, nor other publicity matter without the prior written approval of an authorized representative of that party. The authorized representative shall be person signing this agreement by the pa1ty, unless another individual is otherwise designated in writing. 5.9 This Agreement may be terminated by either patty hereto upon written notice delivered to the other party at least fifteen (15) days prior to the intended date of termination. By such termination, neither party may nullify obligations already incurred prior to the date of termination. In the event of Termination for Convenience of this Agreement by SPONSOR, SPONSOR shall pay all reasonable costs and non-cancelable obligations incurred by UNIVERSITY as of the date of termination. UNIVERSITY shall return and refund to SPONSOR all amounts remaining after paying all obligations incurred prior to the termination date. 5.10 Termination for Cause. In the event either patty shall commit any material breach of or default in any terms or conditions of this Agreement, and also shall fail to remedy such default or breach within sixty (60) days after receipt of written notice thereof, the non breaching party may, at its option and in addition to any other remedies which it may have at law or in equity, terminate this Agreement by sending notice of termination in writing to the other party to that effect. Termination shall be effective as of the day of receipt of such notice. Page 4 of 10 ---PAGE BREAK--- 5.1 I Termination Obligations. In addition to those obligations set out in 5.9 and 5.10, termination of this Agreement shall not relieve either party of any obligations incurred prior to the date of termination including, but not limited to, any obligation of the SPONSOR to pay all reasonable costs and non-cancellable obligations incurred by UNNERSITY. SPONSOR's breach of contract for failure to make payments under Article 5.2 shall cause SPONSOR to forfeit its rights under Article 5.15. The rights and obligations of Article 5.8 of this Agreement shall survive termination. 5.12 Dispute Resolution. Any and all claims, disputes or controversies arising under, out of, or in connection with this Agreement, which the parties hereto shall be unable to resolve within sixty (60) days, shall be mediated in good faith by the pa1ties. Nothing in this Agreement shall be construed to limit the PARTIES' choice of a mutually acceptable dispute resolution method in addition to the dispute resolution procedure outlined above, or to limit the PARTIES rights to any remedy at law or in equity for breach of the terms of this Agreement and the right to receive reasonable attorney's fees and costs incurred in enforcing the terms of this Agreement. 5.13 Disclaimer. UNIVERSITY MAKES NO EXPRESS OR IMPLIED WARRANTY AS TO THE CONDITIONS OF THE SCOPE OF WORK, SPONSORED PROJECT OR ANY INTELLECTUAL PROPERTY, GENERATED INFORMATION, OR PRODUCT MADE OR DEVELOPED UNDER THIS AGREEMENT, OR THE OWNERSHIP, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SPONSORED PROJECT, SCOPE OF WORK, OR RESULTING PRODUCT. 5.14 Warranty. UNIVERSITY warrants and represents that: University has full right and power to enter into and perform this Agreement without the consent of any third party; and (ii) University shall support and provide maintenance specifically as it relates to the application of tools and code developed in accordance with the Scope of Work and specifically related to the application of the tools and code as identified within the Scope of Work for one year after final delivery and so long as the University's project director remains with the University during that period. 5.15 Intellectual Property. Page 5 of 10 5.15.1 UNIVERSITY Intellectual Property. UNNERSITY shall own all rights and title to Intellectual Property created solely by UNIVERSITY employees. 5.15.2 SPONSOR Intellectual Property. SPONSOR shall own all rights and title to Intellectual Property created solely by SPONSOR and without use of UNIVERSITY resources under this Agreement. 5.15.3 JOINT Intellectual Prope1ty. UNIVERSITY and SPONSOR shall jointly own all rights and title to Intellectual Property created by both UNNERSITY and SPONSOR under this Agreement. 5.15 .4 Background Rights shall mean patented, patentable, unpatented, unpatentable, copyrighted and/or uncopyrightable information, discoveries, data, processes, computer programs, source code, object code, documentation or other know how, including but not limited to those specifically described in Attachment C, in tangible form necessary to be employed in the Scope of Work, not arising ---PAGE BREAK--- Page 6 of 10 directly from the Scope of Work, but for which UNIVERSITY or the SPONSOR has acquired rights based on the results of independent UNIVERSITY or Sponsor efforts. Background Rights shall not include any inventions, discoveries or information if inclusion would violate any contractual obligation between UNIVERSITY and the Sponsor or between either of them and any third party. 5.15.5 UNIVERSITY will disclose to SPONSOR in writing any Intellectual Property made during the Project performed hereunder. Such disclosure shall be sufficiently detailed for SPONSOR to assess the commercial viability of the technology and shall be provided and maintained by SPONSOR in confidence pursuant to the terms of At1icle 5.8. SPONSOR shall have up to ninety (90) days from the receipt of the disclosure to inform UNIVERSITY whether it elects to have UNIVERSITY file a patent application thereon pursuant to the procedures set forth below. 5.15.6 All rights and title to UNIVERSITY Intellectual Property shall be subject to SPONSOR's licensing options below and belong to UNIVERSITY. SPONSOR shall have the first right to negotiate a royalty bearing exclusive license, at SPONSOR's election, for UNIVERSITY Intellectual Property or UNIVERSITY's ownership interest in JOINT Intellectual Property. Upon receipt of written notice of intellectual property available for licensing, SPONSOR shall provide a written notice to UNIVERSITY indicating whether it intends to pursue a license or not. Such notice must be received within ninety (90) days of disclosure to SPONSOR. In the event that a written license agreement is not executed within one hundred and eighty (180) days following SPONSOR's written notice of intent to negotiate a license agreement, the intellectual property shall be available to be licensed to other third patties subject to the following Favored Licensee provisions. Favored Licensee. In the event that there is not agreement on licensing terms for intellectual property where SPONSOR exercised its option granted herein, the intellectual property may then be available to be licensed to third parties. In such event, however, before an agreement is made to execute a license on such intellectual property on different, or more favorable terms and conditions than those originally offered to SPONSOR in response to a bona fide written offer from a third pa11y, such terms and conditions shall first be offered to SPONSOR, which may then elect to accept a license on such terms, notwithstanding its previous decision to decline a license. 5.15.7 UNIVERSITY, after due consultation with SPONSOR, shall file and prosecute patent applications, using counsel of UNIVERSITY's choice. SPONSOR shall be provided the opp011unity to have input into the decision of counsel selection; however, the final choice shall be made by the UNIVERSITY. UNIVERSITY shall keep SPONSOR advised as to all developments with respect to application(s) and shall supply copies of all papers received and filed in connection with the prosecution in sufficient time for SPONSOR to comment. SPONSOR's comments shall be taken into consideration. SPONSOR shall reimburse UNIVERSITY for all reasonable out-of-pocket costs incurred 111 connection with such preparation, filing, and prosecution of patent(s). 5.15.8 Within nine months of the filing date of a U.S. patent application, SPONSOR shall provide to UNlVERSITY a written list of foreign countries in which applications should be filed. If SPONSOR elects to discontinue financial support of any patent prosecution, in any country, UNIVERSITY shall be free to ---PAGE BREAK--- continue prosecution at UNIVERSITY's expense. In such event, UNIVERSITY shall have no further obligation to SPONSOR in regard to such patent applications or patents. 5.15.9 UNIVERSITY, subject to its Copyright policy, hereby grants to SPONSOR a royalty-free license to use Copyright Material to which UNIVERSITY holds the copyright, with the exception of copyrighted software, for its non-commercial use. UNIVERSITY hereby grants to SPONSOR the right to negotiate a license for commercial use of Copyrighted material to which UNIVERSITY holds the copyright on reasonable terms and conditions, including a reasonable royalty, as the PARTIES hereto agree in a subsequent writing. Copyright Material required for the use oflnvention(s) shall be negotiated as part of the Invention license. 5.15.1 0 SPONSOR understands that UNIVERSITY must comply with the provisions of US Patent law, including the Bayh-Dole Act. 5.15.11 No party shall invoke the CREATE ACT (Cooperative Research and Technology Enhancement Act of 2004 and subsequent amendments and implementing regulations) without written consent of the other party. In the event that a pmty invokes the Act without such prior consent, any patent issued arising out of such invocation wilJ be owned by the non-invoking party. 5.16 Indemnity. Each party assumes all risks of personal injury, bodily injury including death, and property damage caused by the negligent acts or omissions of that party. Except as provided above, Sponsor shall fully indemnify and hold harmless University against all claims arising out of Sponsor's use, commercialization, or distribution of infonnation, materials or products which result in whole or in part from the research performed pursuant to this Agreement. Sponsor will hold University harmless from any claims ar·ising from third patty claims that the work performed hereunder infringes third party intellectual property rights. University has no knowledge of any such claims. 5.17 Amendments. This Agreement may be amended by mutual agreement of the PARTIES. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the PARTIES. 5.18 Assignment. 5.19.1 The work to be provided under this Agreement, and any claim arising hereunder, is not assignable or delegable by either party in whole or in pat1, without the express prior written consent of the other party,. 5.19.2 Notwithstanding the foregoing, and consistent with UNIVERSITY policy, SPONSOR agrees that UNIVERSITY may assign any Inventions, Copyrights, or Trademarks developed under this Agreement to the Idaho Research Foundation. 5.19 Notices. Any notice or communication required or permitted under this Agreement shall be delivered in person, by ovemight courier, or by registered or certified mail, postage prepaid and addressed to the party to receive such notice at the address given below or such other address as may hereafter be designated by notice in writing. Notice given hereunder shall be effective as of the date of receipt of such notice: Page 7 of 10 ---PAGE BREAK--- UNIVERSITY: Name/Title: Vicki Russell-Skew Office of Sponsored Programs Address: 114 Morrill Hall Address: P.O. Box 443020 City/State/Zip: Moscow, ID 83844-3020 PROJECT DIRECTOR: Name/Title: Steven Hollenhorst Address: P.O. Box 441139 City/State/Zip: Moscow, ID 83844-1139 SPONSOR: Name/Title: Alisa Stone, Grants Manager Address: P.O. Box 9203 City/State/Zip: Moscow, ID 83843 Phone: (208)885-6651 Fax: (208) 885-5752 E-mail: [EMAIL REDACTED] Phone: (208) 885-7911 Fax: (208) 885-6226 E-mail: [EMAIL REDACTED] Phone: (208) 883-7600 Fax: (208) 345-7481 E-mail:[EMAIL REDACTED] 5.21 Governing Law. This Agreement shall be construed and interpreted in accordance with the laws of the state of Idaho, without regard to its choice of law provisions. Any legal proceeding instituted between the parties shall be in the courts of the County of Latah, state of ldaho, and each of the parties agrees to submit to the jurisdiction of such courts. 5.22 Compliance with Laws. SPONSOR understands that UNIVERSITY and SPONSOR are subject to United States laws and federal regulations, including the export of technical data, computer software, laboratory prototypes and other commodities (including the Arms Expot1 Control Act, as amended, and the Export Administration Act of 1979), and that SPONSOR's and UNIVERSITY's obligations hereunder are contingent upon compliance with applicable United States laws and regulations, including those for export control. The transfer of certain technical data and commodities may require a license from a cognizant agency of the United States Government and/or a written assurance by SPONSOR that SPONSOR shall not transfer data or commodities to certain foreign countries without prior approval of an appropriate agency of the United States Government. UNIVERSITY nor SPONSOR represent that a license shall not be required, nor that, if required, it will be issued. 5.23 Severability. If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. 5.24 No Joint Venture. Nothing contained in this agreement shall be construed as creating a joint venture, pattnership, or agency relationship between the patties. 5.25 Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, inability to obtain labor or materials or reasonable substitutes therefore, governmental restrictions, governmental regulations, governmental controls, enemy or hostile governmental action, civil commotion, fire or other casualty, and other causes beyond the reasonable control of the pmty obligated to perform (except for financial ability), shall excuse the performance, except for the payment of money, by such pmty for a period equal to any such prevention, delay or stoppage. Page 8 of 10 ---PAGE BREAK--- 5.26 Order of Precedence. In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable statutes and regulations; 2. Terms and Conditions contained in the basic Agreement; 3. Attachment A- Scope of Work and Budget; This Agreement contains all the terms and conditions agreed upon by the PARTIES. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the PARTIES hereto. IN WITNESS WHEREOF, the PARTIES hereto have caused this Agreement to be executed as ofthe date set forth herein by their duly authorized representatives. Page 9 of 10 ---PAGE BREAK--- ATTACHMENT A- SCOPE OF WORK AND BUDGET UNIVERSITY # 1. Student Internship Project. 1. 1. Scope. As support for the City of Moscow Administration Department, projects will be developed on an as needed basis including grant supp011 and research as well as assisting in developing a database driven method for tracking grants. Intern will be on site at the CITY during all working hours. 1.2. Final Report. By completion of the internship, UNIVERSITY will provide CITY with a final report incorporating the Project results, including all observational data, information and project results. The report will be in writing and sent to the CITY Contact identified below. 2.0 Funding CITY agrees to contribute to the internship at the University of Idaho Graduate Assistant hourly rate of$ 15.60 per hour. The CITY will contribute $ 12.00 per hour plus 10% G&A, starting on August 16, 2010, for a total due from the CITY of $8,448.00 before September 30, 20 10. The student is expected to spend 20 hours per week, or, on average, 80 hours per month, for 32 weeks of the academic year. The UNIVERSITY Building Sustainable Communities Initiative shall pay Intern $3.60 per hour for every hour worked during this internship. ---PAGE BREAK--- University of Idaho Office of Sponsored Programs PO Box 443020 Moscow ID 83844-3020 Phone:[PHONE REDACTED] Fax: [PHONE REDACTED] 09/27/2010 City of Moscow Alisa Stone [EMAIL REDACTED] Ul Number: EIPRS #1340 r + Titles: "BSCI Interagency Agreement City of Moscow EPA '61 ovo11field A?sse. IEIII\ Agreement Numbers: To Whom It May Concern: [EMAIL REDACTED] Enclosed for your review and approval are 2 copy(ies) of the above referenced agreement. If the agreement meets your approval please complete the following item(s) and return to the Office of Sponsored Programs as indicated. This agreement may not be considered binding by either party until fully executed. 0 Sign the indicated page(s) of the agreement and return three originals for additional processing. 0 Initial all revisions on the enclosed Agreement and return one fully executed agreement. 0 The attached fully executed Agreement is for your records. The attached agreement is signed on the behalf of University of Idaho. Please review the document and return one fully executed agreement to [EMAIL REDACTED] or the letterhead address. 0 Please complete Attachment 3 & 4 prior to returning. 0 Additional comments: Should you have any questions regarding the agreement, please contact me at (208) 885-6651 or email [EMAIL REDACTED]. Sincerely, Is/ Vicki Russeii-Skow Post Award Administrator Enclosures To ennch education through the University of Idaho is an equal opportunity/affirmatrve action employer J ---PAGE BREAK--- Heel rt: of tV\e Arts Nancy}. Chaney Maynr Wayne Krauss Council President Dan Carscallen Council Virc-PreSident Tim Brown Council 1\kmlK'r Tom Lamar Council 1\kmbl'r Sue Scott CounCil Member Walter M. Steed Council Member Gary J. Ri edner City Supervisor City of Moscow. C1ty Hall 206 East 3rd Street P.O. Box 9203 Phone (208) 883-7000 Fax (208) 883-7018 Webs1te: www.c1.moscow.id.us Hearing Impaired {208) 883-7019 P L 0 USE Knowledge Corridor October 6, 201 0 Polly Knutson PO Box 883020 Moscow, ID 83844-3020 Dear Polly. Thank you for your help in getting the agreement between the University of Idaho and the City of Moscow for us. I have enclosed a one complete, signed original and just page 2 of the second original. The amount listed on page 2 was incorrect and has been lined through and initialed by the City. If you could please initial that item as well and return this page, I would greatly appreciate it. If you have any other questions, please let me know and thank you again for all your help. Sincerely, Jen Pfiffner Assistant to the City Supervisor