03.10 North Net Fire Training Facilities Second Amendment �°F��°�,�`
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��0��pP' Apri I 9, 2019
TO: Honorable Mayor and Members of the City Council
THRU: Rick Otto, City Manager
FROM: Doug Fackiner ' Chief ��""
REVIEW: City Man ger � Finance ��
1 . SUBJECT
Second Amendment to the Amended and Restated Agreement with North Net Joint
Powers Authority for North Net Fire Training Facilities.
2. SUMMARY
The member agencies of North Net Joint Powers Authority (JPA) entered into the
Amended and Restated North Net Joint Powers Agreement (Original Agreement) dated
November 1, 2012. The member agencies entered into the First Amendment to Amended
and Restated North Net Joint Powers Agreement effective as of June 1, 2013. The
Member Fire Chiefs, as well as the JPA Board, are now proposing that the attached
Second Amendment to the Amended and Restated Agreement be adopted.
3. RECOMMENDED ACTION
Approve the amendment to agreement with North Net Joint Powers Authority for North
Net Fire Training Facilities and authorize the Mayor and the City Clerk to execute the
amendment to agreement on behalf of the City.
4. FISCAL IMPACT
Section 5.2 of the Original Agreement is amended to provide that the Members'
administrative fee paid to the City of Anaheim is to be reduced from 12% to 6% of the
Members' Fair Share Percentage, effective with the Fiscal Year beginning on July 1,
2019, and continuing thereafter. This amendment results in a decrease of $18,102 which
will be reflected in the Fiscal Year 2019-2020 budget.
5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b. Provide and maintain infrastructure necessary to ensure the safety of the public.
Goal 2: Be a fiscally healthy community
a. Expend fiscal resources responsibly.
ITEM 3• �� 1 04/09/2019
6. DISCUSSION AND BACKGROUND
In 1976, the Cities of Orange, Anaheim, and Garden Grove formed the North Net Joint
Powers Authority to provide fire training to their respective fire departments in a cost-
effective manner. The North Net Joint Powers Authority is operated out of the North Net
Fire Training Facility (North Net) located at 2400 East Orangewood Avenue, Anaheim.
North Net is governed by the Amended and Restated North Net Joint Powers Agreement,
which was approved by each member's City Council in 2012. The North Net Board of
Directors is comprised of a representative from each member's City Council.
Pursuant to Section 10.1 of the Amended and Restated North Net Joint Powers
Agreement, the City of Anaheim is paid a 12% administrative fee to reimburse it for the
costs of administrative support it provides to the North Net Fire Training Facility
operations. This administrative support has historically taken the form of contract
administration and processing from Anaheim's public works departments, administrative
assistant support, operations support, and duties related to finance and treasurer
functions. When the 12% administrative fee was set, there was no single person
designated to administer North's Net's operation. The Joint Powers Authority (JPA) was
adopted in 2012 and became effective on July 1, 2013. It provides that North Net would
retain a full-time administrator to be responsible for its operations. A full-time
administrator was hired and each City Member contributes toward the costs in
accordance with their pro rata cost share, which are calculated each year based on the
number of sworn firefighters in each City. Orange's cost share is generally around 28%,
Anaheim's 50%, and Garden Grove's 22%. Since the full-time administrator was hired,
the need for Anaheim administrative support has dropped significantly. The administrator
has assumed much of this administrative function, as well as taken over the day-to-day
operations of the North Net Fire Training facility, which used to be accomplished with a
combination of firefighter personnel from all three jurisdictions.
In light of how North Net is now operated and the reduced need for Anaheim
administrative support, the amendment proposes to reduce Anaheim's administrative fee
from 12% to 6%. This reduction would be effective as of July 1, 2019, which marks the
beginning of North Net's fiscal year. In terms of dollars, Anaheim's administrative fee
would be reduced from around $100,000 to approximately $50,000. The City of Garden
Grove has been negotiating with the Orange County Fire Authority to assume its fire
department responsibilities. Garden Grove has, in accordance with the JPA, provided
North Net with notice of its intent to withdraw effective July 1, 2019. Garden Grove has
not, as of this date, determined whether it is actually withdrawing as negotiations are
continuing. This reduction in Anaheim's administrative fee will apply whether or not
Garden Grove remains or withdraws from the JPA.
7. ATTACHMENTS
1. Second Amendment to the Amended and Restated Agreement
2. North Net Training Center Proposed Budget for Fiscal Year 2019-2020
3. Garden Grove Notice of Intent to Withdraw from Authority
ITEM 2 04/09/2019
SECOND AMENDMENT TO AMENDED AND RE5TATED
NORTH NET JOINT POWERS TRAINING AGREEMENT
This Second Amendment to Amended and Restated North Net Joint Powers Agreement
(hereafter, "Second Amendment") is entered into to be effective on the lst day of July 2019, by
and between the following public entities (collectively, the "Parties"):
A. City of Anaheim
B. City of Garden Grove
C. City of Orange
� RECITALS �
A. The Parties entered into the Amended and Restated North Net Joint Powers
Agreement dated November 1, 2012 (hereafter, the "Original Agreement").
B. The Parties entered into that First Amendment to Amended and Restated North
Net Joints Powers Agreement effective as of June 1, 2013 ("First Amendment").
C. The Pa.rties desire to amend the Original Agreement, as amended by the First
Amendment, to modify the administrative fee paid to the City of Anaheim under the Original
Agreement to reflect the fact that a full-time Administrator, paid directly by the Members, now
administers the North Net Training Authority operations, which has significantly reduced the
need for Anaheim's administrative services.
Now,therefore, the Parties agree as follows:
Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms
used herein shall have the meanings set forth for such terms in the Original Agreement.
Section 2. Administrative Services. Section 5.2 of the Original Agreement is
amended to provide that the Members' administrative fee paid to the City of Anaheim is to be
reduced from twelve percent (12%) to six percent (6%) of the Members' Fair Share Percentage,
effective beginning with the Fiscal Year beginning on July 1, 2019, and continuing thereafter.
Section 4. Inte�ration. This Second Amendment amends, as set forth herein, the
Original Agreement and First Amendment, except as specifically amended hereby, the Oi7ginal
Agreement and First Amendment shall remain in full force and effect. To the extent that there is
any conflict or inconsistency between the terms and provisions of this Second Amendment and
1386504.1
the tei7ns and provisions of the Original Agreement and First Amendment, the tei�ns and
provisions of this Second Amendment shall control and govern the rights and obligations of the
Parties.
Section 4. Counternarts. This Second Amendment may be executed in one or more
counterpai�ts, each of which shall be deemed an original, but all of which together will constitute
one instrument. .
IN WITNESS WHEREOF, the Pai-�ies have caused this Second Amendment to be
executed by their duly authorized officers as of the date first stated above.
Dated: CITY OF ANAHEIM
By: _ �
MAYOR
ATTEST: APPROVED AS TO FORM:
By: By;
CITY CLERK CITY ATTORNEY
Dated: CITY OF GARDEN GROVE
By:
MAYOR — 5 cve Jon.�s
ATTEST: APP OVED AS O FO .
a- O Yv.P,
By: � 1 o By
CITY CLERK —T��ra �I CI A O Y- d av -r'a�o�
Dated: CITY OF ORANGE
By;
MAYOR
ATTEST: APPRO AS TO FORM:
By: By:
CITY CLERK ITY A ORNEY
1386504.1
„����� Anaheim — Garden Grove - Orange
IVORTH NETTRAINIIVG CENTER
���� TO: North Net Training Authority, JPA Board
�� FROM: Brenda Carrion, FacilityAdministrator
DATE: February 25, 2019
SUBIECT: Proposed Budget for Fiscal Year 2019-2020
Recommendation
Staff recommends approval of the proposed FY19-20 budget totaling $901,084. The
proposed budget includes anticipated labor and operating cost, and administrative�fees.
Discussion
The proposed FY19-20 budget will constitute a decrease of$121,304 or 11.86%from the
FY 2018-19 budget.
The City of Garden Grove gave notice of possible separation from the JPA on June 30,
2019 (Attachment A). If that notice is not rescinded, Garden Grove will no longer be a
member of JPA effective June 30, 2019. Staff developed two budgets, one with the City
of Garden Grove as a member and a second without the City of Garden Grove as a
member. If Garden Grove remains a member, the recommendation is to place the
amount of Garden Grove's contribution in a capital reserve account. If not, the
recommendation is that no contribution will be made to capital reserve contributions
(Attachment B).
LaborExpenses
Labor increased by $10,818 (3.73%) due to salary step increases and changing burden
costs including increases in PERS, medical and medical retirement.
Operating Expenses
Operating costs decreased by$121,304 (11.86%). Some contract services increased, but
staff reduced expenses in other line items to compensate for the increase. Staff
considered the impact of Garden Grove leaving and made temporary cuts in capital
improvements and building maintenance to reduce overall operating costs for FY19-20.
In the event Garden Grove remains as a member, staff recommends Garden Grove's fair
share contribution be placed in capital reserves for drill ground concrete replacement
(Attachment C).
Administrative Fee
As compensation for providing services under the Amended and Restated North NetJoint
z400 E orar,gewood a�e. Powers Training Agreement, Members pay an administrative fee of twelve percent(12%)
Anaheim,ca 9zso6 of their Fair Share Contributions to Anaheim. This 12% fee was established prior to the
(714)978-7304 time that North Net hired a full-time Administrator,which North Net pays for directly.
1384197.1
Proposed Budget—Fiscal Year 2019-2020
Page 2
The full-time Fire Training Facilities Administrator, along with General Counsel, who is also paid directly by North
Net, have significantly reduced the amount of administrative service requirements from Anaheim. As such, staff
recommends the administrative fee of twelve percent (12%) be reduced to six percent (6%). The JPA budgets for
contract services that include General Counsel, grant writing and auditing service needs. (Attachment D}. Full
implementation of this recommendation will require an amendment to the Joint Powers Agreement which will
require the approval of each member's city council.
JPA Member Contribution
Pursuant to Section 5.1A of the Joint Powers Agreement, each City's fair share percentage contribution to the
budget is calculated by dividing the total number of sworn firefighter positions of all Members by the number of
sworn firefighter positions for each Member on January 15Y of each calendar year.The number of sworn firefighter
personnel was reduced by one (1) for Anaheim, while Garden Grove and Orange remained the same as FY18-19.
Each Member is invoiced for its fair share percentage by the Administrator on a quarterly basis beginning July 1.
Member contribution without the City of Garden Grove and$0 towards capital reserves.
No. of Capital Contribution
Member Firefi�hters Fair Share Bud�et Reserves Amount
Anaheim 209 64.51% $468,397 $0 $468,397
Orange 115 35.49% 257 687 �0 $257,687
Total 324 100% $726,084 $0 $726,084
Member contribution with the City of Garden Grove and$206,227 towards capital reserves.
No. of Capital Contribution
Member Firefi�hters Fair Share Bud�et Reserves Amount
Anaheim 209 50.24% $364,784 $103,613 $468,397
Orange 115 27.64% $200,690 $56,997 $257,687
Garden Grove 92 22.12% 160 610 45 617 $206,227
Total 416 100% $726,084 $206,227 $932,311
North Net Revenue
As compensation for providing training services and facility rental North Net generates revenue from third-party
users of the North Net facility. This is used to help offset operating costs and balance the budget, Revenue
projections increased to$175,000 for the 2019-20 fiscal year which is$12,000(7.36%)higher than what is budgeted
for FY18-19. With the uncertainty of Garden Grove, staff has taken a conservative approach in estimating revenue
for FY19-20.
Attachments
Attachment A—Notice of Intent to Withdraw from Authority
Attachment B—Proposed Budget for Fiscal Year 2019-2020
Attachment C—Concrete Replacement
Attachment D—Second Amendment to the Amended and Restated North Net Joint Powers Training Agreement
1384197.1
NORTH NET TRAINING CENTER Attachment B
ADOPTED xPROPOSEDX XPROPOSED*
2018-2019 2019-2020 2019-2020
WITHOUT GARDEN WITH GARDEN GROVE
GROVE
OPERATING REVENUES
Member Contributions
Anaheim $432,788 $468,397 $468,397
Garden Grove $189,580 � $0 $206,227
Orange $237,020 $257,687 $257,687
Facility Revenue $163,000 $175,000 $175,000
Revenue Total $1,022,388 $901,084 $1,107,311
OPERATING EXPENSES
Salaries and Wages $289,846 $300,664 $300,664
Instructional Training Expense $179,500 $171,500 $171,500
Administration and Overhead $109,542 $51,005 $51,005
Office Supplies and Maintenance $171,300 $153,114 $153,114
Other Operation Expenses $122,200 $124,801 $124,801
Total Operating Expenses $872,388 $801,084 $801,084
CAPITAL IMPROVEMENT $150,000 $100,000 $100,000
CAPITAL RESERVES $0 $0 $206,227
Expense Total $1,022,388 $901,084 $1,107,311
NORTH NET TRAINING CENTER Attachment B
XPROPOSED BUDGET 2019-2020 WITHOUT GARDEN GROVEX
OPERATING EXPENSES
� Salaries and Wages $300,664
Instructional Training Expense $171,500
Office Supplies and Maintenance $153,114
Other Operation Expenses $124,801
Ca p ita I I m prove m ent $100,000
Total Operating Expenses $850,079
Administration and Overhead 6% $51,005
TOTAL BUDGET $901,084
OPERATING REVENUES
Member Fair Share Budget Capital Reserves Contribution Amount
Anaheim 64.51% $468,397 $0 $468,397
Orange 35.49% $257,687 $0 $257,687
$726,084
North Net Revenue $175,000
TOTAL REVENUE $901,084
NORTH NET TRAINING CENTER Attachment B
PROPOSED 2019-2020 WITH GARDEN GROVE �
OPERATTNG EXPENSES
Salaries and Wages $300,664
Instructional Training Expense $171,500
Office Supplies and Maintenance $153,114
Other Operation Expenses $124 801
�
Ca p ita I I m p rovement $100,000
Total Operating Expenses $850,079
Administration and Overhead 6% $51,005
Captal Reserves $206 227
�
TOTAL BUDGET $1,107,311
OPERATING REVENUES
Member Fair Share Sudget Capital Reserves Contribution Amount
Anaheim 50.24% $364,784 $103,613 $468,397
Orange 27.64% $200,690 $56,997 $257,687
Garden Grove 22.12% $160,610 $45,617 $206,227
$932,311
,
North Net Revenue $175,000
TOTAL REVENUE $1,107,311
GARDENGROVE CITY OF GARDEN GROVE
Steven R.]ones
Mayor
Stephanie Kiopfenstein
Mayor Pro Tem - District 5
George 5. Brietlgam
Council Member- District 1
7ohn R. O'Neill
Council Member- District 2
Thu-Ha Nguyen
Council Member- District 3
VIA FIRST CLASS MAIL Patrlck Phat Bui
Council Member- District 4
December 20, 2018 Kim Bernice Nguyen
Council Member- District 6
Secretary of the Board
North Net Training Center
2400 E. Orangewood Ave.
Anaheim CA 92806
Re: Notice of Intent to Withdraw from Agreement
Dear Board Secretary:
The Garden Grove City Council has directed our office to commence negotiations with
the Orange County Fire Authority for fire services. If the negotiations are successful,
the City of Garden Grove will need to terminate its participation in North Net,
Consequently, pursuant to Section 8.2 of the Joint Pawers Agreement, the City of
Garden Grove hereby provides its notice of intent to withdraw from the Agreement
effective the end of the current fiscal year ending June 30, 2019. Enclosed please find
a copy of the City Council's minute order and staff report authorizing this action.
Please do not hesitate to contact us should you have any questions or concerns
pertaining to this matter.
RespectFully,
���� �
Maria Stipe
Deputy City Manager
Enclosures
11222 Acacia Parkway • P.O.Box 3070 • Garden Grove, CA 92842 �
www.ggcity.org
EXCERPT FROM THE MINUTES
GARDEN GROVE CITY COUNCIL REGUlAR MEETING OF
December 11, 2018
Community Meeting Center
11300 Stanford Avenue, Garden Grove, CA 92840
CONVENE MEETING
At 6;35 p.m., Mayor Jones convened the meeting in the Council Chamber.
R�LL CALL PRESENT: (7) Mayor 7ones, Mayor Pro Tem Beard, Council
Members O`Neill, T. Nguyen, Bui, Klopfenstein,
K. Nguyen
ABSENT; (0) None
AUTHORIZATION FOR CITY MANAGER TO SEND NOTICES OF WITHDRAWAL FROM FIRE
DEPARTMENT RELATED AGREEMENTS WITH OUTSIDE AGENCIES (F: 61,1)
Following City Attorney Sandoval's report, and following City Council comments that the
withdrawal is for the purpose of ineeting deadlines if the City were to contract with tf�e
Orange County Fire Authority, and does not afFect current or future membership to
oufiside agencies, it was moved by Council Member K. Nguyen, seconded by Council
Member T. Nguyen that:
The City Manager be authorized to send notices of withdrawal to the Metro Cities Fire
Authority, North Net Training Center, and Orange County-City Hazardous Materials
Emergency Response Authority at the time required by the respective agreements.
The motion carried by a 7-0 vote as follows:
Ayes: (7) Brietigam, O'Neiil, T. Nguyen, Bui, Klopfenstein, K.
Nguyen, Jones
Noes; (0) None
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF GARDEN GROVE )
I, LIZABETH VASQUEZ, Deputy City Clerk of the City of Garden Grove, California,
do hereby certify that the foregoing is a true, full, and correct copy of the Minute Entry
on record in this affice, said minutes being subject to City Council approval.
IN WITNESS WNEREOF, I hereunto set my hand seal this 20th day of December
2018.
zabe h Vasquez
Deputy City Clerk
-1-
I GLUfLU I C �oversneec
Agenda Item - 6.j.
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Scott C. Stiles From: Omar Sandoval
Dept.: City Manager Dept.: City Attorney
Subject: Authorization for City Manager to send Date: 12/il/2018
Notices of Withdrawal from Fire
Department Related Agreements wfth
outside agencies. (Action Item)
0 B]ECTIVE
To seek City Council authorization to send notices of withdrawal from the Metro Cities Fire Authority (MetroNet),
North Net Training Center, and Orange County-City Hazardous Materials Emergency Response Authority, related to
Fire Department operations. This fs necessary to prevent the payment of related costs for an entire year if the City
decides to contract wfth OCFA for fire services.
BACKGROUND
The City is a current participant in three cooperation and joint powers agreements refated to the Fire Department
operations.
MetroNet provides communicatlons services for Fire Department dispatch. The member agencies Include the Cities of
Garden Grove, Anaheim, Brea, Fountain Valley, Huntington Beach, Newport Beach, and Orange.
North Net Trainfng Authority owns property and a facility called the North Net Training Center located in Anaheim
near Angels Stadium, The facility is owned and managed through a joint powers agreement between the Cities of
Garden Grove, Anaheim and Orange, and is used for firefighter training.
The Orange County-City Hazardous Materials Emergency Response Authority provides hazmat response for events
that may occur in the City. The City of Garden Grove is not a member of the joint powers authority, but participates
in its hazmat emergency response services as a subscriber.
If the City were to contract with OCFA for fire servlces, the Cfty will need to terminate its relationship with the
foregoing outside agencies.
DISCUSSION
The MetroNet and North Net Training Center agreements require a notice of withdrawal to be provided by the City no
later than December 31, 2018, for withdrawal effective on the end of the fiscal year, June 30, 2019. In effect, these
agreements require a six-month notice of withdrawal. The City will need to send the notices by December 31, 2018,
pending the current negotiations with OCFA. Should the City wait to provide the notices, then the City wili be
required to cont(nue to be financially responsible for its share of the costs for the programs provided by these
agencies through the end of tf�e next fiscal year, ending on ]une 30, 2020 (provided that the City gives notice of
withdrawal by December 31, 2019).
The Orange County-City Hazardous Materials Emergency Response Authority requlre 60 days' notice of termination of
the subscription agreement. If approved, the City Manager would send notice of termination within the 60 days'
period, in the event that the City were to contract with the OCFA for fire services.
FINANCIAL IMPACT
None. The Clty's funding participation in the programs wil{ end effective]une 30, 2019 in the event that the City
withdraws from the programs were the City to contract with OCFA for fire services.
RECOMMENDATION
It is recommended that the City Council:
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• Authorize the City Manager to send notices of withdrawal to the Metro Cities Fire Authority, North Net Training
Center, and Orange County-City Hazardous Materials Emergency Response Authority at the time required by the
respective agreements.
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CITY OF GARDEN GROVE
GARDEN GROVE OFFICE OF THE CITY CLERK
Steven R. ]ones
Safeguard al1 official records of the City. Mayor
Conduct municipal elections and oversee legislative administration. Stephanie Klopfenstein
Provide reliable, accurate, and timely information to the Mayor Pro Tem - District 5
City Counci/, staff, and the general public. George S. Brietigam
Council Member - District 1
7ohn R. O'Neill
Council Member - District 2
February 28, 2019 Thu-Ha Nguyen
Council Member - District 3
Patrick Phat Bui
Council Member - District 4
North Net Training Authority, JPA Board Kim Bernice Nguyen
2400 E. Orangewood Ave Council Member- District 6
Anaheim, CA 92806
Attention: Brenda Carrion, Facility Administrator
Enclosed is a signed set of the approved Budget for Fiscal Year 2019-2020.
For convenience and expediency, a self-addressed envelope has been included, as
our office respectfully requests that a copy of the fully executed agreement be
returned to the City Clerk's Office.
Sincerely,
Teresa Pomeroy, CMC
City Clerk
By: L z V quez
Deputy City er
Enclosure
c: Finance Department
Finance Department/Purchasing
Fire Department
11222 Acacia Parkway • P.O.Box 3070 • Garden Grove, CA 92842
ggcity.org
CITY COiJNCIL MINUTES APRIL 9, 2019
3. CONSENT CALENDAR(Continued)
3.7 Agreement with the County of Orange for a Lead Forensic Specialist in the Police
Department through June 30,2022. (A2100.0; AGR-6447.3)
ACTION: Approved agreement and authorized the Mayor and City Clerk to execute on
behalf of the City.
3.8 Consultant Services Agreement with Darren Doerschel for consulting and support
related to the Police Department Emergency Operations Center remodel.
ACTION: Approved the Agreement with Darren Doerschel in the amount of$17,100 for
professional services and authorized the Mayor and City Clerk to execute on behalf of the
City. (A2100.0; AGR-5921.D)
3.9 Agreement with Chapman University for production of Local Cable Programming.
ACTION: Approved the agreement with Chapman University in the amount of$900,000
for the production of local cable programming, and authorized the Mayor and City Clerk
to execute on behalf of the City. (A2100.0; AGR-5689.B)
3.10 Second Amendment to the Amended and Restated Agreement with North Net Joint
Powers Authority for North Net Fire Training Facilities. �
ACTION: Approved the amendment to agreement with North Net Joint Powers Authority
for North Net Fire Training Facilities, and authorized the Mayor and City Clerk to execute
on behalf of the City. (A2100.0; AGR- 0160.1.E.2)
3.11 First Amendment to Attorney Services Agreement with the law firm of Nielsen
Merksamer Parrinello Gross & Leoni to provide legal services related to litigation
defense in the matter of Southwest Voter Registration Education Project, et al., v. City
of Orange. (A2100.0; AGR-6751.1)
ACTION: 1) Approved a First Amendment to Attorney Services Agreement with Nielsen
Merksamer Parrinello Gross&Leoni in the amount of$250,000;and authorized the Mayor
and City Clerk to execute on behalf of the City; and 2) Authorized the appropriation of
$250,000 from the General Fund unreserved fund balance to expenditure account number
100.0301.51600.00000, General Fund—Legal Services.
3.12 Appropriation of$30,400 in designated donation funding received from the Friends
of the Orange Public Library. (C2500.I)
ACTION: 1)Accepted into the city's revenue budget$30,400 in donations from Friends of the
Orange Public Library, revenue account number 100.2001.48390.19990, Donations—Friends
of the Library; and 2)Authorized the appropriation of$30,400 to Friends of the Orange Public
Library(#19990)to the following expenditure account numbers:
100.2001.53301.19990, Library Books $6,750
100.2001.53340.19990, Craft Supplies 2,000
, 100.2004.51423.19990, Maintenance Contracts 7,400
100.2004.53910.19990, Minor Office Equipment 750
100.2014.53910.19990, Minor Office Equipment 500
100.2016.51670.19990, Other Prof. & Consulting 5,000
100.2016.53340.19990, Craft Supplies 3,500
100.2017.53340.19990, Craft Supplies 4,500
$30,400
PAGE 5