HomeMy WebLinkAboutContract - Ben Ballmer - Direct Fall Musical Evanston Childrens Theatre 8.1.25-11.23.25 $2,800Memorandum
To:Jeron Dorsey, Deputy Director Parks and Recreation
From:Angela Allyn, Community Arts Programs Coordinator
Subject:Director for Evanston Children’s Theatre
Date: July 27, 2025
Recommended Action :
Staff recommends that the City Manager approve Ben Ballmer to direct the Fall Musical of the Evanston
Children’s Theatre serving up to 80 children in 2 casts.
Funding Source :
Expenses of $2800 will be charged to 100.30.3720.62505. The Children’s Theatre normally grosses over
$20,000 per production.
Summary:
Ben Ballmer is highly qualified to work with the region’s only no cut Every kid gets a part theatre program,
Ballmer grew up in Evanston and attended all the different theatre programs and starred in several
productions at ETHS. He is a popular youth director and theatre artist working with youth companies in
Highland Park and Chicago. Ben was selected as director due to his unique artistic vision and his history
with the program: he successfully directed two previous plays for us, creating an inclusive,
developmentally appropriate program which allows any child to perform.
Approved:
Jeron Dorsey,
Deputy Director Parks and Recreation Date
7/28/2025
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PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT
CONTRACT FOR SERVICES
The Parties to this Agreement are the City of Evanston and ______________________________________________.This Agreement, consisting of
the signature page and numbered sections listed below and any attachments referenced in this Agreement, constitutes the entire Agreement between
the Parties concerning the subject matter of the Agreement, and supersedes all prior proposals, Agreements and understandings between the
Parties concerning the subject matter of the Agreement. This Agreement can be signed in multiple counterparts and signature may be electronic
or digital upon agreement of the Parties.
1. TERM AND TERMINATION
2. DESCRIPTION OF SUPPLIES AND SERVICES
3. PRICING AND PAYMENT
4. STANDARD BUSINESS TERMS AND CONDITIONS
5. STANDARD CERTIFICATIONS
6. DISCLOSURES AND CONFLICTS OF INTEREST
7. SUPPLEMENTAL PROVISIONS
In consideration of the mutual covenants and agreements contained in this Agreement, and for other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the Parties agree to the terms and conditions set forth herein and have caused this Agreement to
be executed by their duly authorized representatives on the dates shown below.
CONTRACTOR CITY OF EVANSTON
(Vendor Name)
Signature Official Signature
Printed Name Printed Name
Title Date Title Date
Address Designee Signature
Printed Name
Phone Title
E-mail Address
Ben Ballmer
Ben Ballmer
Ben Ballmer
Director 7/28/25
1214 W Glenlake Ave
Chicago, IL 60660
847-769-5744
bballmer42@gmail.com
Approved as to form:
Alexandra B. Ruggie
Corporation Counsel
Carina E. Sánchez
Acting City Manager 07 / 30 / 2025
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1.
1.1
TERM AND TERMINATION
TERM OF THIS AGREEMENT:This Agreement has an initial term of _________________________________________________________
If a start date is not identified, the term shall commence upon the last dated signature of the Parties. This Agreement cannot be terminated less than
thirty (30) days before the agreed start date as indicated below. Any termination less than thirty (30) days before the agreed start date must be
with the written consent of the Department of Parks and Recreation.
Request for termination, either before or after the thirty (30) day period must be made in writing and submitted to the appropriate representative of the
Department of Parks and Recreation.
1.2 TERMINATION FOR CAUSE:The City may terminate this Agreement, in whole or in part, immediately upon notice to Vendor if: (a) the
City determines that the actions or inactions of Vendor have caused, or reasonably could cause, jeopardy to health, safety, or property, or (b) Vendor
has notified the City that it is unable or unwilling to perform the Agreement.
If Vendor fails to perform to the City’s satisfaction any material requirement of this Agreement, or is in violation of a material provision of this
Agreement, the City shall provide written notice to Vendor to cure the problem identified within the period of time specified in the City’s written notice.
If not cured by that date, the City may either: (a) immediately terminate the Agreement without additional written notice or (b) enforce the terms and
conditions of the Agreement.
For termination due to any of the causes contained in this Section, the City retains its rights to seek any available legal or equitable remedies and
damages.
1.3 TERMINATION FOR CONVENIENCE:The City may, for its convenience and with 7 days prior written notice to Vendor, terminate this
Agreement in whole or in part and without payment of any penalty or incurring any further obligation to Vendor. Vendor shall be entitled to
compensation upon submission of invoices and proof of claim for supplies and services provided in compliance with this Agreement up to and
including the date of termination.
2.
2.1
2.2 WHERE SERVICES ARE TO BE PERFORMED:Unless otherwise specified in this section all services shall be performed in the City of
Evanston, Illinois. Vendor shall disclose the locations where the services required shall be performed and the known or anticipated value of the
services to be performed at each location.
Location where services will be performed
Any supplies/materials or other tangible items left on City property by Vendor is done at Vendor’s risk.Vendor agrees to hold harmless the City for
any damage or loss to Vendor supplies, materials or other property on City property.
2.3 SCHEDULE OF WORK:Any work performed on City premises shall be done during the hours designated by the City and performed in a
manner that does not interfere with the City and its personnel.
2.4
2.4.1
2.5
2.5.1
REPORTING, STATUS AND MONITORING SPECIFICATIONS:
Vendor shall immediately notify the City of any event that may have a material impact on Vendors ability to perform the Agreement.
ASSIGNMENT AND SUBCONTRACTING:
This Agreement may not be assigned, transferred in whole or in part by Vendor without the prior written consent of the City.
DESCRIPTION OF SERVICES
Contractor reports to _______________________________________________, phone number ________________________________
Description of services___________________________________________________________________________________________.
Levy Center and Noyes Cultural Arts Center
August 1 to November 23, 2025
Angela Allyn (847) 448-8263
Direct Fall Musical for Evanston Children's Theatre
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3. PRICING AND PAYMENT.
3.1 METHOD AND RATE OF COMPENSATION:The City will compensate Vendor for the initial term as follows:
Project
Use of exisiting equipment owned by the City of Evanston as described as follows:
o _____________________________________________________________________________________________
o _____________________________________________________________________________________________
o _____________________________________________________________________________________________
o _____________________________________________________________________________________________
3.2
3.4
3.5
3.5.1
TYPE OF PRICING:Pricing under this Agreement is payable upon completion of the terms outlined in this contract.
TAX:Payment will be made in full without local, state, or federal tax withheld.
PAYMENT TERMS AND CONDITIONS:
Payments, will be paid in accordance with all applicable laws and rules of the City of Evanston and the State of Illinois. Remedies provided
for therein shall be Vendor’s sole remedy for late payments by the City. Payment terms contained on Vendor’s invoices shall have no
force and effect.
3.5.2 The City will not pay for supplies provided or services rendered, including related expenses, incurred prior to the execution of this
Agreement by the Parties even if the effective date of the Agreement is prior to execution.
4. STANDARD BUSINESS TERMS AND CONDITIONS
4.1 AVAILABILITY OF APPROPRIATION:This Agreement is contingent upon and subject to the availability of funds. The City, at its sole
option, may terminate or suspend this Agreement, in whole or in part, without penalty or further payment being required, if a reduction in funding is
necessary or advisable based upon actual or projected budgetary considerations. Vendor will be notified in writing of the failure of appropriation or of
a reduction or decrease.
4.2 BACKGROUND CHECK AND DRUG TESTING:Whenever the City deems it reasonably necessary for security reasons, the City may
conduct at its expense, criminal background checks of Vendor, including fingerprinting and DCFS authorization. Additionally, Vendor may be subjected to
drug testing. Vendor shall reassign immediately any such individual who, in the opinion of the City, does not pass the background check or fails the
drug testing.
4.3 POLICY MANUAL:Although Vendor is not an employee, Vendor agrees to follow the policies outlined in Chapter VI of the City of
Evanston Employee Manual which outlines Ethics Rules; Workplace Harassment Policy; Drug and Alcohol Policy; Personal Appearance; Workplace
Violence; and Weapons-Free Workplace.
4.4 TIME IS OF THE ESSENCE:Time is of the essence with respect to Vendor’s performance of this Agreement. Vendor shall continue to
perform its obligations while any dispute concerning the Agreement is being resolved, unless otherwise directed by the City.
Fall ECT production, 2 casts Tueday/Thursday both casts on Saturdays
Costumes and props
Rights, Scripts
Sound and lighting
Firm $2800
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4.5 NO WAIVER OF RIGHTS:Except as specifically waived in writing, failure by a Party to exercise or enforce a right does not waive that
Party’s right to exercise or enforce that or other rights in the future.
4.6 FORCE MAJEURE:Failure by either Party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its
reasonable control and not due to its negligence including acts of nature, acts of terrorism, riots, labor disputes, fire, flood, explosion, and governmental
prohibition. The non-declaring Party may cancel the Agreement without penalty if performance does not resume within 30 days of the declaration.
4.7 CONFIDENTIAL INFORMATION/FOIA:Each Party, to this Agreement may have or gain access to confidential data or information owned
or maintained by the other Party in the course of carrying out its responsibilities under this Agreement. Vendor shall presume all information
received from the City or to which it gains access pursuant to this Agreement is confidential. Vendor information, unless clearly marked as
confidential and exempt from disclosure under the Illinois Freedom of Information Act (“FOIA”), 5 ILCS 140/7 et. seq., shall be considered public.
No confidential data collected, maintained, or used in the course of performance of the Agreement shall be disseminated except as authorized by
law and with the written consent of the disclosing Party, either during the period of the Agreement or thereafter. The receiving Party must return any
and all data collected, maintained, created or used in the course of the performance of the Agreement, in whatever form it is maintained, promptly at
the end of the Agreement, or earlier at the request of the disclosing Party, or notify the disclosing Party in writing of its destruction. Upon notification
by the City that it has received a Freedom of Information Act request that calls for records within the Vendor’s control, the Vendor shall promptly
provide all requested records to the City so that the City may comply with the request within the limited statutory timeframes required by FOIA.
Vendor shall indemnify and defend the City from and against all claims arising from the City’s exceptions to disclosing certai n records which Vendor
may designate as proprietary or confidential. Compliance by the City with an opinion or a directive from the Illinois Public Access Counselor or the
Attorney General under FOIA, or with a decision or order of Court with jurisdiction over the City, shall not be a violation of this Section.
4.8 USE AND OWNERSHIP:All work performed or supplies created by Vendor under this Agreement, whether written documents or data,
goods or deliverables of any kind, shall be deemed work-for-hire under copyright law and all intellectual property and other laws, and the City is
granted sole and exclusive ownership to all such work, unless otherwise agreed in writing. Vendor hereby assigns to the City all right, title, and
interest in and to such work including any related intellectual property rights, and/or waives any and all claims that Vendor may have to such work
including any so-called "moral rights" in connection with the work. Vendor acknowledges the City may use the work product for any purpose.
Confidential data or information contained in such work shall be subject to confidentiality provisions of this Agreement. This paragraph does not
apply to work or supplies created by Vendor prior to this Agreement and provided to the City during the term of this Agreement.
4.8 INDEMNIFICATION AND LIABILITY:Vendor shall defend, indemnify and hold harmless the City and its officers, elected and appointed
officials, agents, and employees from any and all liability, losses, or damages as a result of claims, demands, suits, actions, or proceedings of any
kind or nature, including but not limited to costs, and fees, including attorney’s fees, judgments or settlements, resulting from or arisin g out of any
negligent or willful act or omission on the part of Vendor. Such indemnification shall not be limited by reason of the enumeration of any insurance
coverage herein provided. This provision shall survive completion, expiration, or termination of this Agreement. Nothing contained herein shall be
construed as prohibiting the City, or its officers, agents, or employees, from defending through the selection and use of their own agents, attorneys,
and experts, any claims, actions or suits brought against them. Vendor shall be liable for the costs, fees, and expenses incurred in the defense of
any such claims, actions, or suits. Nothing herein shall be construed as a limitation or waiver of defenses available to the City and employees and
agents, including but not limited to the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq.
At the City Corporation Counsel’s option,Vendor must defend all suits brought upon all such Losses and must pay all costs and expenses
incidental to them, but the City has the right, at its option, to participate, at its own cost, in the defense of any suit, without relieving Vendor of any of
its obligations under this Agreement. Any settlement of any claim or suit related to this Agreement by Vendor must be made only with the prior
written consent of the City Corporation Counsel, if the settlement requires any action on the part of the City.
To the extent permissible by law, Vendor waives any limits to the amount of its obligations to indemnify, defend, or contribute to any sums
due under any Losses, including any claims that may be subject to the Illinois Workers Compensation Act, 820 ILCS 305/1 et seq.or any other
related law or judicial decision, including but not limited to,Kotecki v. Cyclops Welding Corporation,146 Ill. 2d 155 (1991). The City, however, does
not waive any limitations it may have on its liability under the Illinois Workers Compensation Act, the Illinois Pension Code or any other statute.
Vendor shall be responsible for any losses and costs to repair or remedy work performed under this Agreement resulting from or arising out of any
act or omission, neglect, or misconduct in the performance of his/her Work. Acceptance of the work by the City will not relieve Vendor of the
responsibility for subsequent correction of any such error, omissions and/or negligent acts or of its liability for loss or damage resulting therefrom. All
provisions of this Section 4.8 shall survive completion, expiration, or termination of this Agreement.
4.9 INSURANCE:Vendor shall, at its own expense, secure and maintain in effect throughout the duration of this contract, insurance against
claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services and work
hereunder by Vendor. If Vendor cannot secure insurance, Vendor hereby agrees to indemnify and hold harmless the City in accordance with
Section 4.8 for any claims arising directly out of Vendor’s Work.
Vendor expressly agrees to waive its rights, benefits and entitlements under the “Other Insurance” clause of any general liability insurance
policy as respects the City.
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4.10 INDEPENDENT CONTRACTOR:Vendor shall act as an independent Vendor and not an agent or employee of, or joint venture with the
City. All payments by the City shall be made on that basis.
4.11 COMPLIANCE WITH THE LAW:Vendor shall comply with all applicable federal, state, and local laws, rules, ordinances, regulations,
orders, federal circulars and all license and permit requirements in the performance of this Agreement. Vendor shall be in compliance with applicable
tax requirements and shall be current in payment of such taxes. Vendor shall obtain at its own expense, all licenses and permissions necessary for the
performance of this Agreement.
4.12 APPLICABLE LAW/VENUE:This Agreement shallbe construed in accordance with and issubject to the lawsand rulesof theCityof Evanston and
the State of Illinois.The Department of Human Rights’ Equal Opportunity requirements (44 Ill. Adm. Code 750) are incorporated by reference. The City shall
not enter into binding arbitration to resolve any dispute related to this Agreement. The City does not waive tort immunity by entering into this
Agreement. In compliance with the Illinois and federal Constitutions, the Illinois Human Rights Act, the U. S. Civil Rights Act, and Section 504 of the federal
Rehabilitation Act and other applicable laws and rules, the City does not unlawfully discriminate in employment, contracts, or any other activity.
Venue for any action out of or due to this Agreement shall be in Cook County, Illinois.
4.13 ANTI-TRUST ASSIGNMENT:If Vendor does not pursue any claim or cause of action it has arising under antitrust laws relating to the
subject matter of the Agreement, then upon request of the City’s Corporation Counsel, Vendor shall assign to the City rights, title and interest in and to
the claim or cause of action.
4.14 CONTRACTUAL AUTHORITY:The Department that signs for the City shall be the only City entity responsible for performance and
payment under the Agreement. When the City’s authorized designee signs in addition to an Department, they do so as approving officer and shall
have no liability to Vendor.
4.15 NOTICES:Notices and other communications provided for herein shall be given in writing by registered or certified mail, return receipt
requested, by receipted hand delivery, by courier (UPS, Federal Express or other similar and reliable carrier), by e-mail, or by fax showing the date
and time of successful receipt. Notices shall be sent to the individuals who signed the Agreement using the contact information following the
signatures. Each such notice shall be deemed to have been provided at the time it is actually received. By giving notice, either Party may change
the contact information.
4.16 MODIFICATIONS AND SURVIVAL:Amendments, modifications and waivers must be in writing and signed by authorized representatives of
the Parties. Any provision of this Agreement officially declared void, unenforceable, or against public policy, shall be ignored and the remaining provisions
shall be interpreted, as far as possible, to give effect to the Parties’ intent. All provisions that by their nature would be expected to survive, shall survive
termination. In the event of a conflict between the City’s and Vendor’s terms, conditions and attachments, the City’s terms, conditions and attachments
shall prevail.
4.17 PERFORMANCE RECORD / SUSPENSION:Upon request of the City, Vendor shall meet to discuss performance or provide contract
performance updates to help ensure proper performance of the Agreement. The City may consider Vendor’s performance under this Agreement and
compliance with law and rule to determine whether to continue the Agreement, suspend Vendor from doing future business with the City for a
specified period of time, or to determine whether Vendor can be considered responsible on specific future contract opportunities.
4.18 FREEDOM OF INFORMATION ACT:This Agreement and all related public records maintained by, provided to or required to be provided
to the City are subject to the Illinois Freedom of Information Act notwithstanding any provision to the contrary that may be found in this Agreement.
4.19 NON-WAIVER OF RIGHTS:No failure of either party to exercise any power given to it hereunder or to insist upon strict compliance by the
other party with its obligations hereunder, and no custom or practice of the parties at variance with the terms hereof, nor any payment under this
Agreement shall constitute a waiver of either party’s right to demand exact compliance with the terms hereof.
4.20 SEVERABILITY:Except as otherwise provided herein, the invalidity or unenforceability of any particular provision, or part thereof, of this
Agreement shall not affect the other provisions, and this Agreement shall continue in all respects as if such invalid or unenforceable provision had
not been contained herein.
4.21 COUNTERPARTS:For convenience, this Agreement may be executed in any number of counterparts, each of which shall be deemed to
be an original.
4.22 SAVINGS CLAUSE:If any provision of this Agreement, or the application of such provision, shall be rendered or declared invalid by a
court of competent jurisdiction, or by reason of its requiring any steps, actions, or results, the remaining parts or portions of this Agreement shall
remain in full force and effect.
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5.1 As part of each certification, Vendor acknowledges and agrees that should Vendor or its subcontractors provide false information, or fail tobe or
remain in compliance with the Standard Certification requirements, one or more of the following sanctions will apply:
5. STANDARD CERTIFICATIONS:Vendor acknowledges and agrees that compliance with this section and each subsection for the
term of the Agreement and any renewals is a material requirement and condition of this Agreement. By executing this Agreement, Vendor
certifies compliance with this section and each subsection and is under a continuing obligation to remain in compliance and report any non-
compliance.
This section, and each subsection, applies to subcontractors used on this Agreement. Vendor shall include these Standard Certifications in any
subcontract used in the performance of the Agreement.
If this Agreement extends over multiple fiscal years including the initial term and all renewals, Vendor and its subcontractors shall confirm
compliance with this section in the manner and format determined by the City by the date specified by the City and in no event later than January 1 of
each year that this Agreement remains in effect.
If the Parties determine that any certification in this section is not applicable to this Agreement, it may be stricken without affecting the remaining
subsections.
the Agreement may be void by operation of law, and
the City may void the Agreement.
Identifying a sanction or failing to identify a sanction in relation to any of the specific certifications does not waive imposition of other sanctions or
preclude application of sanctions not specifically identified.
5.2 Vendor certifies it and its employees will comply with applicable provisions of the U.S. Civil Rights Act, Section 504 of the Federal Rehabilitation
Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) and applicable rules in performance under this Agreement.
5.3 Vendor certifies that persons having contact with any vulnerable population (any minor under the age of 18, a person who is 18 years of age
or older with a disabilitiy or any person who is 60 years of age or older) must certify that they are mandated reporters by completing the CANTS 22
Form and complete the mandated reporter training prior to delivery of services under this agreement. The mandated reporter DCFS Illinois training
can be found at https://mr.dcfstraining.org. Vender must provide proof of acknowledgment and training to the City on demand.
5.4 If Vendor, or any officer, director, partner, or other managerial agent of Vendor, has been convicted of a felony under the Sarbanes-Oxley Act
of 2002, or a Class 3 or Class 2 felony under the Illinois Securities Law of 1953, Vendor certifies at least five years have passed since the date of the
conviction. Vendor further certifies that it is not barred from being awarded a contract and acknowledges that the City shall declare the Agreement void if
this certification is false (30 ILCS 500/50-10.5).
5.5 Vendor certifies that it and its affiliates are not delinquent in the payment of any fees, fines, damages, or debts to the City.
5.6 Vendor certifies it complies with the Section 1-12-5 of the City of Evanston Code and the Illinois Department of Human Rights Act and
rules applicable to public contracts, including equal employment opportunity, refraining from unlawful discrimination, and having written sexual
harassment policies (775 ILCS 5/2-105).
5.7 Vendor certifies that it shall employ only persons duly licensed by the State of Illinois to perform professional services under this
Agreement for which applicable Illinois law requires a license, subject to prior approval of the City.
6.0 DISCLOSURES AND CONFLICTS OF INTEREST
Section 1: Conflict of Interest Prohibited
Vendor shall not have any public or private interest and shall not acquire directly or indirectly any such interest which conflicts in any manner with its
performance under this Agreement.
Section 2: Debarment/Legal Proceeding Disclosure (All Vendors must complete this section).
Vendor must identify any of the following that occurred for it or any if its officers or directors within the previous 10 years:
Debarment from contracting with any governmental entity
Professional licensure discipline
Bankruptcies
Adverse civil judgments and administrative findings
Criminal felony convictions
Revised 5/03/2023
No
No
No
No
No
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If any of the above is checked yes, please identify with descriptive information the nature of the debarment and legal proceeding. The City reserves
the right to request more information, should the information need further clarification.
7. SUPPLEMENTAL PROVISIONS
7.1 City Supplemental Provisions
7.2 Vendor Supplemental Provisions
TAXPAYER IDENTIFICATION NUMBER
I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal
Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has
notified me that I am no longer subject to backup withholding, and
3. I am a U.S. person (including a U.S. resident alien).
If you are an individual, enter your name and SSN as it appears on your Social Security Card.
If you are a sole proprietor, enter the owner’s name on the name line followed by the name of the business and
the owner’s SSN or EIN.
If you are a single-member LLC that is disregarded as an entity separate from its owner, enter the owner’s name
on the name line and the d/b/a on the business name line and enter the owner’s SSN or EIN.
If the LLC is a corporation or partnership, enter the entity’s business name and EIN and for corporations, attach
IRS acceptance letter (CP261 or CP277).
For all other entities, enter the name of the entity as used to apply for the entity’s EIN and the EIN.
Legal Status (choose one):
Name:
Business Name:
Taxpayer Identification (choose one):
Legal Status (choose one):
Signature:Date:
CANTS 22 Attached
DCFS Screening
Benjamin Ballmer
Ben Ballmer Freelace Composition
340-96-5728
7/28/25
Individual
Social Security Number
Doc ID: e0b80bf0114f9b635dec6fe9deee78e920ca25fd
Contract with Ben Ballmer - Direct Fall Musical of the...
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Signed
07 / 30 / 2025
14:33:28 UTC-5
Sent for signature to Alexandra Ruggie
(aruggie@cityofevanston.org) and Carina Sánchez
(csanchez@cityofevanston.org) from
lthomas@cityofevanston.org
IP: 66.158.65.78
07 / 30 / 2025
15:09:19 UTC-5
Viewed by Alexandra Ruggie (aruggie@cityofevanston.org)
IP: 24.13.226.57
07 / 30 / 2025
15:09:35 UTC-5
Signed by Alexandra Ruggie (aruggie@cityofevanston.org)
IP: 24.13.226.57
07 / 30 / 2025
15:35:01 UTC-5
Viewed by Carina Sánchez (csanchez@cityofevanston.org)
IP: 50.171.242.186
07 / 30 / 2025
15:36:02 UTC-5
Signed by Carina Sánchez (csanchez@cityofevanston.org)
IP: 50.171.242.186
The document has been completed.07 / 30 / 2025
15:36:02 UTC-5