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The City of Marysville is seeking qualified candidates for the position of a Human Resources Manager, Assistant to the City Manager and City Clerk; this recruitment will fill 1 vacancy and create an eligible list.  

This recruitment will encompass three (3) different positions with the City of Marysville (Human Resources Manager (HR), Assistant to the City Manager (ACM) and City Clerk (CC); due to this caveat this classification specification will list duties and responsibilities for the three (3) positions.
The Human Resource Manager will conduct, lead and direct the routine functions of the Human Resources (HR) department including hiring and interviewing staff, administering pay, benefits, and leave, and enforcing company policies and practices. ACM - To perform a variety of administrative and managerial responsibilities in the conduct and management of the activities of preparing City Council agendas, minutes, and Council packets, as well as responding to Public Records request and maintaining all official City records. CC- The City Clerk shall perform those duties set out in the City of Marysville Charter and ordinances, as well as is prescribed by State and other law. The City Clerk shall also perform other duties incident to these laws, including staff support to the City Council approximately two times per month, as well as the Oversight Board and Levee Commission on an as need basis.

SUPERVISION RECEIVED AND EXERCISED

HR - Recruits, interviews, hires, and trains new staff in the department. Oversees the daily workflow of the department. Provides constructive and timely performance evaluations. Handles discipline and termination of employees in accordance with company policy. ACM - Reports to and receives general direction from the City Manager. May exercise direct supervision over clerical staff.

EXAMPLES OF WORK

Examples of Work are not intended to be an exhaustive list of all responsibilities, duties, and skills. They are intended to be accurate summaries of what the job classification involves and what is required to perform it. Employees are responsible for all other duties as assigned.

Provides continuous leadership in carrying out the program mission, as amended from time to time, including:

HR -

• Partners with the leadership team to understand and execute the organization’s human resource and talent strategy particularly as it relates to current and future talent needs, recruiting, retention, and succession planning.

• Provides support and guidance to HR generalists, management, and other staff when complex, specialized, and sensitive questions and issues arise; may be required to administer and execute routine tasks in delicate circumstances such as providing reasonable accommodations, investigating allegations of wrongdoing, and terminations.

• Manages the talent acquisition process, which may include recruitment, interviewing, and hiring of qualified job applicants, particularly for managerial, exempt, and professional roles; collaborates with departmental managers to understand skills and competencies required for openings.

• Analyzes trends in compensation and benefits; researches and proposes competitive base and incentive pay programs to ensure the organization attracts and retains top talent.

• Creates learning and development programs and initiatives that provide internal development opportunities for employees.

• Oversees employee disciplinary meetings, terminations, and investigations.

• Maintains compliance with federal, state, and local employment laws and regulations, and recommended best practices; reviews policies and practices to maintain compliance.

• Maintains knowledge of trends, best practices, regulatory changes, and new technologies in human resources, talent management, and employment law.

• Performs other duties as assigned.

• Maintains records and prepares daily reports related to work performed.

• Perform related job duties and responsibilities as required.

ACM –

• Compile information for agenda preparation; collect background information; assemble agenda for printing; distribute packets to City Council and various agencies.

• Prepare and distribute updates and revisions of Council Policy and those of city boards, commissions, and committees.

• Respond to inquiries from the public by letter, telephone and in person regarding Council action and records; research information for public or city staff when necessary.

• Maintain administrative files including historical legal documents, resolutions, ordinances, agreements, deeds and annexations.

• Serve as custodian of the city seal and city archivist for official records.

• Process all municipal elections to County Elections Office and maintain election files for all municipal/special elections; receive initiatives and process accordingly.

• Maintain list of commissions and boards; receive applications for membership on boards and commission; publish notices for vacancies; process applications for Council selection; notify applicants of results.

• Assist City Manager in responding to various inquires related to city operations, policies, and programs.

• Serve as financial disclosure officer for Fair Political Practices Commission for campaign disclosure forms and statement of economic interest.

• Represent the department to outside agencies and organizations; participate in outside community and professional groups and committees; provide technical assistance as necessary.

• Build and maintain positive working relationships with co-workers, other city employees and the public using principles of good customer service.

• Process Worker’s Compensation Claims and coordinate other confidential HR-related activities.

• Perform related duties as assigned.

CC-

• Appointed by the City Council.

• Receives general direction from the City Manager on an as need basis.

About the Position:

The County of Yuba is currently recruiting for a Fiscal Analyst within the Finance and Administrative Division of the Community Development & Services Agency. Under general supervision, this position performs a variety of difficult and complex professional level analytical work to support the operations of County departments, agencies and programs in areas such as the development and administration of the annual budget, financial/fiscal analysis and reporting, grant monitoring and administration; and performs other duties as assigned.  This is the journey level classification in the professional Analyst series.

About the CDSA:

The Community Development and Services Agency (CDSA) strives to improve the overall quality of life for our residents and fiscal health of our businesses by coordinating the orderly growth and development of the County. We accomplish this by providing proper implementation of related regulations, providing community services, and by providing operation, maintenance, and expansion of Public Works infrastructure.

Examples of Duties :

• Performs research, compiles and analyzes information and data regarding a variety of budgetary, financial, and/or fiscal issues; identifies issues and determines analytical standards in consultation with supervisor and/or management; gathers relevant data, information and documentation from a variety of sources; analyzes information and documentation and develops tentative findings; discusses and/or coordinates analysis and tentative findings with supervisor and/or management; develops or assists in developing recommendations and/or course of action; gathers additional information and/or revises methodology as needed.
• Performs analysis for budget development and resource planning; performs or assists in needs analysis and trend analysis based on research and consultation with managers and administrative staff; consults with managers and assists in resource planning and development of annual budget estimates; reviews and analyzes budget requests; compiles information and documentation in preparation of producing reports and/or drafts reports related to budget and resource planning issues.
• Prepares detailed quarterly financial reports for various internal and external agencies; prepares analysis for independent auditors as required; ensures the assigned department’s fiscal functions comply with applicable Federal, State, and local laws, regulations, and ordinances; acts as departmental liaison with various federal, state and local public agencies and with business, professional and community organizations.

***SAVE THE DATE: A  selection process has tentatively been scheduled for Tuesday, June 18, 2024. Additional details including the status of your application, test date and location will follow. ***

Salary Range is $150,000- $225,000 negotiable; depends on qualifications. 

The City Manager is the administrative head of the government of the City. Under the direction and control of the City Council, the City Manager is responsible for ensuring that the policy directions set forth by the City Council are carried out and the day-to-day operations of the City government run smoothly.

Some of the duties of the City Manager include:

• Plan, coordinate and direct the work of City departments; oversee community and economic development activities; organize public improvement projects and programs; develop and prepare administrative policies, procedures and work standards to ensure that the goals and objectives of the City are met and that mandated services are provided in an effective, efficient and economical manner.
• Oversee and monitor the City budget and provide information regarding the City's financial condition and needs to the City Council.
• Represent the City in meetings with governmental agencies, community groups and various businesses, professional, educational, regulatory and legislative organizations; act as the City liaison.
• Prepare the agenda for all regular, special or adjourned meetings of the City Council.
• Execute contracts authorized or approved by the City Council.
• Personnel and organizational responsibilities include selection, training, professional development and work evaluation of City staff; oversee the implementation of effective employee relations and related programs; oversees the City's risk management program; provide policy guidance and interpretation to staff; recommend reorganization efforts to meet the needs of the City; implement policy and procedural changes as required.

Under general supervision of the Program Coordinator, staff is responsible for planning and implementing daily age-appropriate activities including crafts, games, songs, drama, storytelling, and supervised play.

Apply online: https://fremont.workbrightats.com/jobs/729320

JOB DESCRIPTION

The Tiny Tots Instructor will teach assigned classes of pre-school children ranging in ages from 18 months to 5 years old in enrichment, recreational and educational based programming (Tiny Tots Aide will assist).

EXAMPLES OF DUTIES (This is a general description of duties and is not all-inclusive)

• Develop and instruct weekly lesson plans (i.e. art, free play, enrichment, and circle time).
• Supervise preschool age children indoors and outdoors.
• Maintains a variety of program records and prepares reports relevant to program area.
• Ensures that activities run smoothly and according to program objectives and guidelines and general department philosophy.
• Maintain direct communication with parents and families.
• Encourage and support early childhood development.
• Clean tables, floors and play areas when need arises.
• Participate in City sponsored special events which may occur on weekends and/or holidays
• Perform other duties as assigned

SUPERVISION EXERCISED AND RECEIVED

General supervision is provided by the Tiny Tots Supervisor.

MINIMUM QUALIFICATIONS

• Be able to establish and maintain productive working relations with others
• Ability to tactfully and appropriately communicate with preschoolers and parents
• Ability and desire to work with young children
• Must have some knowledge of growth and developmental stages of 3-5 year old children

Tiny Tots Preschool Aide (Activity Specialist II)

• Must be at least 18 years of age and have ECE units, or educational equivalent, or experience caring for children

Tiny Tots Preschool Lead (Activity Specialist III)

• Must have 6 academic units at the junior college level in an Early Childhood Education program and 18 months experience in a recreation or structured child care setting for preschoolers.

REQUIREMENTS FOR EMPLOYMENT

• Must be able to handle sensitive and/or stressful situations or information with tact, discretion and significant awareness of confidentiality
• Must effectively communicate with adults and children from a variety of cultural backgrounds
• Willingness to comply with suspected child abuse reporting (11166.5 PC)
• Employees are required to be certified in Adult/Child CPR & First Aid from American Red Cross, American Heart Association or supervisor approved equivalent. Employees must be certified 30 days prior to the first day of work.
• Fingerprinting and TB test are required
• Must submit verification of legal right to work in the United States as a condition of employment

SELECTION PROCESS

Qualified application will be evaluated on the basis of related experience and quality of presentation.

The most highly qualified applicants will be invited to an oral interview. Applicant evaluations may include a written and physical test. Satisfactory candidates will be placed on an eligibility list. Placements are anticipated immediately after the list is established. Some placements may be assigned to emphasize public education as the City's needs require.

Some positions may require a health evaluation.

APPLICATION PROCESS

To be considered for this position, apply online by submitting a completed City application and resume through our on line application system: https://fremont.workbrightats.com/jobs/

Reasonable Accommodation: The Recreation Services Division will make reasonable efforts in the examination process to accommodate persons with disabilities. Please advise us of any special needs a minimum of 5 days in advance of the selection process by calling (510) 494-4347 or emailing recjobs@fremont.gov.

THE CITY OF FREMONT IS AN EQUAL OPPORTUNITY EMPLOYER.

WE DO NOT DISCRIMINATE ON ANY BASIS.

The information contained herein is subject to change and does not constitute either an expressed or implied contract.

The Position

The Management Analyst I/II position is responsible for performing varied technical, professional administrative and analytical duties in support of a broad range of the City Manager's Office's operations.

The incumbent in this assignment will support cross-departmental projects, administer assigned programs, perform research, provide budgetary analysis and serve as a liaison with the Mayor and City Council Members. Participation in communications activities, including marketing and social media use will also be a responsibility for this position.

The Ideal Candidate

The ideal candidate will have a track record of success analyzing data, researching a wide variety of operational, legislative, and policy topics, and providing complex analysis and report writing using advanced technology to support the implementation and modification of public service programs, policies and procedures. This position is most suitable for a strategic thinker with a strong sense of business acumen, who can easily adapt to and lead others in programmatic, legislative and organizational change initiatives. It will be important for the Management Analyst I/II candidate to possess a passion to work in public sector, coupled with exceptional interpersonal, communication and collaboration skills. Attention to detail is critical and the successful candidate must be able to handle multiple assignments at once with a customer centric philosophy.

Instruct children and adults (primarily 5-12 years of age) in beginning to intermediate sports camps or programs, such as Badminton, Basketball, Baseball, Cricket, Football, Softball, Soccer, Tennis, etc. Class content should provide basic and/or more advanced game mechanics, strategies, and the rules of sports, depending on the student level of skill. Class must emphasize the importance of good sportsmanship and team play. The goal is to have fun and develop a skill.

EXAMPLES OF DUTIES (This is a general description of duties and is not all-inclusive)

• Prepare area for specific sport (i.e. setup gym or sports field, assure all equipment is available, etc.)
• Teach all necessary aspects of sports
• Keep score of games, if applicable
• Maintain rosters and City forms
• Implement lesson plans to be provided by the City
• Enforce City policies and procedures
• Provide encouragement to participants and provide a positive atmosphere for play
• Participate in promotional opportunities, staff training and meetings when required
• Perform other duties as assigned

SUPERVISION EXERCISED AND RECEIVED

The Assistant Recreation Supervisor or Recreation Supervisor provides general supervision

MINIMUM QUALIFICATIONS

• Must be at least 15 years of age
• Must have basic knowledge or background in basketball
• Must have experience dealing with children
• Must be able to work independently and reliably complete tasks
• Must be able to tactfully communicate with children and deliver feedback to parents
• Must be able to establish and maintain productive working relationships with staff, management, and clients
• Must have strong oral and written communications skills
• Must maintain a positive attitude with and towards others
• Must be able to work in changing indoor and outdoor environments
• Must be available to work evenings, weekends, and holidays as required

REQUIREMENTS FOR EMPLOYMENT

• Must be able to handle sensitive and/or stressful situations or information with tact, discretion and significant awareness of confidentiality
• Must effectively communicate with adults and children from a variety of cultural backgrounds
• Willingness to comply with suspected child abuse reporting (11166.5 PC)
• Employees are required to be certified in Adult/Child CPR & First Aid from American Red Cross, American Heart Association or supervisor approved equivalent. Employees must be certified within 30 days of hire date or prior to the first day of work, whichever occurs earlier.
• Fingerprinting and TB test are required
• Must submit verification of legal right to work in the United States as a condition of employment

SELECTION PROCESS

Qualified application will be evaluated on the basis of related experience and quality of presentation.

The most highly qualified applicants will be invited to an oral interview. Applicant evaluations may include a written and physical test. Satisfactory candidates will be placed on an eligibility list. Placements are anticipated immediately after the list is established. Some placements may be assigned to emphasize public education as the City's needs require.

Some positions may require a health evaluation.

APPLICATION PROCESS

To be considered for this position, apply online by submitting a completed City application and resume through our online application system: https://fremont.workbrightats.com/jobs/

Reasonable Accommodation: The Recreation Services Division will make reasonable efforts in the examination process to accommodate persons with disabilities. Please advise us of any special needs a minimum of 5 days in advance of the selection process by calling (510) 494-4347 or emailing recjobs@fremont.gov.

THE CITY OF FREMONT IS AN EQUAL OPPORTUNITY EMPLOYER.

WE DO NOT DISCRIMINATE ON ANY BASIS.

The information contained herein is subject to change and does not constitute either an expressed or implied contract.

The After School Instructor will plan, prepare, and instruct recreation activities (Instructor Aides will assist). Activities may include art, cooking, dance, STEM activities and other program areas. Programs are designed for children ages 6-12 years of age (school grades 2nd to 6th). Job site placement: Brier, Cabrillo, or Grimmer Elementary.

Schedule

Program End Date: Monday, June 6, 2022

Instructor Aide Hours: Monday, Tuesday, Thursday, Friday: 2:30pm-6pm. Wednesday: 2pm-6pm.

Instructor Lead Hours: Monday, Tuesday, Thursday, Friday: 2:00pm-6pm. Wednesday: 1:30pm-6pm.

EXAMPLES OF DUTIES (These duties are a general description and are not all inclusive.)

• Develop and submit lesson plans including class content and material needs.
• Reinforce instruction on an individual or small group basis by assisting or tutoring students.
• Lead organized activities to develop and strengthen youth academic, recreational, and social skills.
• Plan lessons and activities so they are appropriate to students with various abilities.
• Ability to requisition supplies and/or purchasing program supplies within City guidelines.
• Evaluate and provide constructive feedback on activities.
• Conduct creative and safe class meetings; instruct students on the safe and proper use of supplies, tools, and equipment.
• Participate in cleaning and maintaining the facilities and equipment.
• Interact professionally and appropriately with parents, students, and staff.
• Communicate with supervisor regarding classroom needs.
• Attend staff meetings and trainings.
• Perform other duties as assigned.

SUPERVISION EXERCISED AND RECEIVED

General supervision is provided by a Program Coordinator or Recreation Supervisor. The Instructor Lead may supervise an Instructor Aide.

MINIMUM QUALIFICATIONS

• Must be a minimum of 18 years of age.
• At least one year's experience working with children in an academic or recreation setting.
• Must be willing and able to work days, nights, weekends, and holidays as required.
• High school diploma or equivalent.

REQUIREMENTS FOR EMPLOYMENT

• Must be able to handle sensitive and/or stressful situations or information with tact, discretion and significant awareness of confidentiality.
• Must effectively communicate with adults and children from a variety of cultural backgrounds
• Knowledge of youth education and recreation programs and methods of implementation.
• Willingness to comply with suspected child abuse reporting (11166.5 PC)
• Employees are required to be certified in Adult/Child CPR & First Aid from American Red Cross, American Heart Association or supervisor approved equivalent. Employees must be certified within 30 days of hire date or prior to the first day of work, whichever occurs earlier.
• Fingerprinting and TB test are required
• Must submit verification of legal right to work in the United States as a condition of employment
• Completion of two years of college or pass Paraprofessional/Instructional Assistant Exam

SELECTION PROCESS

Qualified application will be evaluated on the basis of related experience and quality of presentation.

The most highly qualified applicants will be invited to an oral interview. Applicant evaluations may include a written and physical test. Satisfactory candidates will be placed on an eligibility list. Placements are anticipated immediately after the list is established. Some placements may be assigned to emphasize public education as the City's needs require.

Some positions may require a health evaluation.

APPLICATION PROCESS

To be considered for this position, apply online by submitting a completed City application and resume through our on line application system: https://fremont.workbrightats.com/jobs/

Reasonable Accommodation: The Recreation Services Division will make reasonable efforts in the examination process to accommodate persons with disabilities. Please advise us of any special needs a minimum of 5 days in advance of the selection process by calling (510) 494-4347 or emailing recjobs@fremont.gov.

THE CITY OF FREMONT IS AN EQUAL OPPORTUNITY EMPLOYER.

WE DO NOT DISCRIMINATE ON ANY BASIS.

The information contained herein is subject to change and does not constitute either an expressed or implied contract.

JOB DESCRIPTION

Instruct children and adults (primarily 5-12 years of age) in beginning to intermediate sports camps or programs, such as Badminton, Basketball, Baseball, Cricket, Football, Softball, Soccer, Tennis, etc. Class content should provide basic and/or more advanced game mechanics, strategies, and the rules of sports, depending on the student level of skill. Class must emphasize the importance of good sportsmanship and team play. The goal is to have fun and develop a skill.

EXAMPLES OF DUTIES (This is a general description of duties and is not all-inclusive)

• Prepare area for specific sport (i.e. setup gym or sports field, assure all equipment is available, etc.)
• Teach all necessary aspects of sports
• Keep score of games, if applicable
• Maintain rosters and City forms
• Implement lesson plans to be provided by the City
• Enforce City policies and procedures
• Provide encouragement to participants and provide a positive atmosphere for play
• Participate in promotional opportunities, staff training and meetings when required
• Perform other duties as assigned

SUPERVISION EXERCISED AND RECEIVED

The Assistant Recreation Supervisor or Recreation Supervisor provides general supervision

MINIMUM QUALIFICATIONS

• Must be at least 15 years of age
• Must have basic knowledge or background in basketball
• Must have experience dealing with children
• Must be able to work independently and reliably complete tasks
• Must be able to tactfully communicate with children and deliver feedback to parents
• Must be able to establish and maintain productive working relationships with staff, management, and clients
• Must have strong oral and written communications skills
• Must maintain a positive attitude with and towards others
• Must be able to work in changing indoor and outdoor environments
• Must be available to work evenings, weekends, and holidays as required

REQUIREMENTS FOR EMPLOYMENT

• Must be able to handle sensitive and/or stressful situations or information with tact, discretion and significant awareness of confidentiality
• Must effectively communicate with adults and children from a variety of cultural backgrounds
• Willingness to comply with suspected child abuse reporting (11166.5 PC)
• Employees are required to be certified in Adult/Child CPR & First Aid from American Red Cross, American Heart Association or supervisor approved equivalent. Employees must be certified within 30 days of hire date or prior to the first day of work, whichever occurs earlier.
• Fingerprinting and TB test are required
• Must submit verification of legal right to work in the United States as a condition of employment

SELECTION PROCESS

Qualified application will be evaluated on the basis of related experience and quality of presentation. The most highly qualified applicants will be invited to an oral interview. Applicant evaluations may include a written and physical test. Satisfactory candidates will be placed on an eligibility list. Placements are anticipated immediately after the list is established. Some placements may be assigned to emphasize public education as the City's needs require.

Some positions may require a health evaluation.

APPLICATION PROCESS

To be considered for this position, apply online by submitting a completed City application and resume through our online application system: https://fremont.workbrightats.com/jobs/

Reasonable Accommodation: The Recreation Services Division will make reasonable efforts in the examination process to accommodate persons with disabilities. Please advise us of any special needs a minimum of 5 days in advance of the selection process by calling (510) 494-4347 or emailing recjobs@fremont.gov.

THE CITY OF FREMONT IS AN EQUAL OPPORTUNITY EMPLOYER.

WE DO NOT DISCRIMINATE ON ANY BASIS.

The information contained herein is subject to change and does not constitute either an expressed or implied contract.

A Program Specialist will plan, prepare and instruct recreation activities. Activities may include art, cooking, dance, pre-school program and other program areas. Programs are designed for children ages 4-17 (primarily 5-12) years of age.

Art programs may include drawing, painting, pastels, ceramics, crafts, sculpture, photography, weaving, printing, calligraphy, quilting, anime/magna, cartooning, clowning, and theater.

Cooking programs may include instruction on safety, using proper equipment and supplies and creativity.

Dance programs may include ballet, tap, jazz, hip-hop, ballroom, folkloric, salsa, and rhythmic international styles.

Pre-school programs for classes for children ages 12 months to 6 years.

EXAMPLES OF DUTIES (These duties are a general description and are not all inclusive.)

• Develop and submit lesson plans including class content and material needs.
• Lead organized activities to develop and strengthen youth academic, recreational, and social skills.
• Plan lessons and activities so they are appropriate to students with various abilities.
• Ability to requisition supplies and/or purchasing program supplies within City guidelines
• Evaluate and provide constructive feedback on the activities, camps and events
• Conduct creative and safe class meetings; instruct students on the safe and proper use of supplies, tools, and equipment
• Participate in cleaning and maintaining the facilities and equipment
• Interact professionally and appropriately with parents, students and staff
• Communicate with supervisor regarding classroom needs
• Attend staff meetings and trainings
• Perform other duties as assigned

SUPERVISION EXERCISED AND RECEIVED

General supervision is provided by a program coordinator or Recreation Supervisor. The Program Specialist may supervise a part-time aide and/or "counselor in training" in a classroom environment in daily activities.

MINIMUM QUALIFICATIONS

• Must be a minimum of eighteen (18) years of age
• Different program areas will have different skills and knowledge requirements for the position; check with Recreation Supervisor. (For example: 6 ECE unites required for pre-school instructor)
• One school year teaching experience
• At least one year's experience working with children in an academic setting
• Must be willing and able to work days, nights, weekends, and holidays as required

REQUIREMENTS FOR EMPLOYMENT

• Must be able to handle sensitive and/or stressful situations or information with tact, discretion and significant awareness of confidentiality
• Must effectively communicate with adults and children from a variety of cultural backgrounds
• Willingness to comply with suspected child abuse reporting (11166.5 PC)
• Employees are required to be certified in Adult/Child CPR & First Aid from American Red Cross, American Heart Association or supervisor approved equivalent. Employees must be certified within 30 days of hire date or prior to the first day of work, whichever occurs earlier.
• Fingerprinting and TB test are required
• Must submit verification of legal right to work in the United States as a condition of employment

SELECTION PROCESS

Qualified application will be evaluated on the basis of related experience and quality of presentation.

The most highly qualified applicants will be invited to an oral interview. Applicant evaluations may include a written and physical test. Satisfactory candidates will be placed on an eligibility list. Placements are anticipated immediately after the list is established. Some placements may be assigned to emphasize public education as the City's needs require.

Some positions may require a health evaluation.

APPLICATION PROCESS

To be considered for this position, apply online by submitting a completed City application and resume through our on line application system: https://fremont.workbrightats.com/jobs/

Reasonable Accommodation: The Recreation Services Division will make reasonable efforts in the examination process to accommodate persons with disabilities. Please advise us of any special needs a minimum of 5 days in advance of the selection process by calling (510) 494-4347 or emailing recjobs@fremont.gov.

THE CITY OF FREMONT IS AN EQUAL OPPORTUNITY EMPLOYER.

WE DO NOT DISCRIMINATE ON ANY BASIS.

The information contained herein is subject to change and does not constitute either an expressed or implied contract.