HomeMy WebLinkAbout17-173 - ResourceX - Implementation of Priority Based BudgetingCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
CONTRACT FOR SERVICES
Contract Number:
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17-173
Contract Approval N/A
This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter
optional municipal code city hereinafter referred to as "the City," and ResourceX hereinafter referred to
as "the Contractor," whose principal office is located at 4603 W. 33rd Avenue, Denver, CO 80212.
WHEREAS, the City has determined the need to have certai9n services performed for its citizens
but does not have the manpower or expertise to perform such services; and
WHEREAS, the City desires to have the Contractor perform such services pursuant to certain
terms and conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties
hereto agree as follows:
1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform
those services described on Exhibit A attached hereto and incorporated herein by this reference as if
fully set forth. In performing such services, the Contractor shall at all times comply with all Federal,
State, and local statutes, rules and ordinances applicable to the performance of such services and
the handling of any funds used in connection therewith. The Contractor shall request and obtain
prior written approval from the City if the scope or schedule is to be modified in any way.
2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered
according to the rate and method set forth on Exhibit A attached hereto and incorporated herein by
this reference. The total amount to be paid shall not exceed $30,500 (flat rate).
3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the
maximum limits set forth in this Agreement. The Contractor shall request prior approval from the
City whenever the Contractor desires to amend its budget in any way.
4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing
September 1, 2017, and ending June 30, 2018, unless sooner terminated under the provisions
hereinafter specified.
5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor
with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be
considered to create the relationship of employer and employee between the parties hereto. Neither
Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees
by virtue of the services provided under this Agreement. The City shall not be responsible for
withholding or otherwise deducting federal income tax or social security or contributing to the State
Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the
Contractor, or any employee of the Contractor.
CA Revised December 2016
Page 1 of 4
6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or
suits including attorney fees, arising out of or in connection with the performance of this Agreement,
except for injuries and damages caused by the sole negligence of the Public Entity.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Contractor and the Public
Entity, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be
only to the extent of the Contractor's negligence. It is further specifically and expressly understood
that the indemnification provided herein constitutes the Contractor's waiver of immunity under
Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has
been mutually negotiated by the parties. The provisions of this section shall survive the expiration or
termination of this Agreement.
7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, their agents, representatives,
employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and
limits as required herein shall not be construed to limit the liability of the Contractor to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in
equity.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits
described below:
1. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence,
$2,000,000 general aggregate and $2,000,000 products -completed operations aggregate
limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations, independent
contractors, products -completed operations, stop gap liability, personal injury and advertising
injury, and liability assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide a per project general aggregate limit using ISO form
CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability
arising from explosion, collapse or underground property damage. The City shall be named
as an additional insured under the Contractor's Commercial General Liability insurance policy
with respect to the work performed for the City using ISO Additional Insured endorsement CG
20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or
substitute endorsements providing at least as broad coverage.
2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General
Liability insurance policies are to contain, or be endorsed to contain that they shall be primary
insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Contractor's insurance and shall not contribute with
it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best
rating of not less than A: VII.
D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy
of the amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before commencement of
CA Revised December 2016 Page 2 of 4
the work. Upon request by the City, the Contractor shall furnish certified copies of all required
insurance policies, including endorsements, required in this Agreement and evidence of all
subcontractors' coverage.
E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance
coverage and limits required, if any, to be obtained by subcontractors, which determination shall
be made in accordance with reasonable and prudent business practices.
F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this
work with written notice of any policy cancellation, within two business days of their receipt of
such notice.
G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance
as required shall constitute a material breach of contract, upon which the City may, after giving
five business days notice to the Contractor to correct the breach, immediately terminate the
contract or, at its discretion, procure or renew such insurance and pay any and all premiums in
connection therewith, with any sums so expended to be repaid to the City on demand, or at the
sole discretion of the City, offset against funds due the Contractor from the City.
8. Record Keeping and Reporting.
A. The Contractor shall maintain accounts and records, including personnel, property, financial and
programmatic records which sufficiently and properly reflect all direct and indirect costs of any
nature expended and services performed in the performance of this Agreement and other such
records as may be deemed necessary by the City to ensure the performance of this Agreement.
B. These records shall be maintained for a period of seven (7) years after termination hereof unless
permission to destroy them is granted by the office of the archivist in accordance with RCW
Chapter 40.14 and by the City.
9. Audits and Inspections. The records and documents with respect to all matters covered by this
Agreement shall be subject at all times to inspection, review or audit by law during the performance
of this Agreement.
10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor
thirty (30) days written notice of the City's intention to terminate the same. Failure to provide
products on schedule may result in contract termination. If the Contractor's insurance coverage is
canceled for any reason, the City shall have the right to terminate this Agreement immediately.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age,
veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the
presence of any disability, or any other protected class status under state or federal law, in the
selection and retention of employees or procurement of materials or supplies.
12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the
services contemplated by this Agreement without the written consent of the City.
13. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Contractor and
supersedes all prior negotiations, representations, or agreements written or oral. No amendment or
modification of this Agreement shall be of any force or effect unless it is in writing and signed by the
parties.
14. Severabilitv and Survival. If any term, condition or provision of this Agreement is declared void or
unenforceable or limited in its application or effect, such event shall not affect any other provisions
CA Revised December 2016 Page 3 of 4
hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement,
which by their sense and context are reasonably intended to survive the completion, expiration or
cancellation of this Agreement, shall survive termination of this Agreement.
15. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk, City of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
Notices to the Contractor shall be sent to the address provided by the Contractor upon the
signature line below.
16. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. In the event any suit, arbitration, or other
proceeding is instituted to enforce any term of this Agreement, the parties specifically understand
and agree that venue shall be properly laid in King County, Washington. The prevailing party in any
such action shall be entitled to its attorney's fees and costs of suit.
DATED this
day of
CITY OF TUKWILA
_(-%!�� . 20 t+
an Ekberg, May
ATTEST/AUIH EN TI CATED:
City C k, Christy O'Flaherty
APPROVED AS TO FORM:
Of>'Ice of the City Attorney
CA Revised December 2016
CONTRACTOR//��//��
CJS'
By: Chris Fabian
Printed Name and Title: Chris Fabian
Co -Founder, ResourceX
Address: 4603 W. 33rd Avenue
Denver, CO 80212
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NIMAIROOMOION
Exhibit A
ONLINE PRIORITY BASED BUDGETING
POWERED BY: f
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PRIORITY BASED BUDGETING
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A Proposal and Agreement for
The City of Tukwila, Washington
NINE MOW, eASED BUDGEING
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Proposal Overview
The Need for Priority Based Budgeting
At the beginning of 2016, over 100 communities across North America have
implemented Priority Based Budgeting (PBB), impacting over 15 million citizens across
the US and Canada. Now in 2017, over 180 communities are practicing PBB, using the
process and tools to reshape the way all of a community's resources are leveraged to
achieve Results, and inviting citizens further into an authentic role of influence and
participation.
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i 100
0
Num0er of Organizations Served
RaprosnntatIve Maribor of Citizens Bana (ting
5,201,720
4,349.109
0,430,202
1.5,1135,0711
14,014,320
'13,350,93
10.935,4 7 0
0,1.92,209
2007 2008 2008 2010 2011 2012 2013
2014
Propelling Progress Together — The Power of Community
2015 2016
In 2014, Dr. Sheryl Mitchell published the first doctoral dissertation on Priority
Based Budgeting and the impact it's having on communities. Documented in her
research, An Exploratory Study of Priority Based Budgeting: Identification of Public
Values and Public Priorities through Citizen Engagement in Government Budgeting
Decisions, Dr. Mitchell relayed the following quote from an interview with a PBB
practitioner:
"I really do think that within five years, it will be considered one of the
standards in local business. One of the things about PBB...it's not
specific to an industry. I mean - Coca Cola could use PBB. Ace Hardware
could use it. It doesn't have to have local government as its particular
focus...but, I see it as a standard in local government."
PBB
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At Resource Exploration, we are insistent that we provide the tools and training to
help every single community who shares our pursuit of optimizing resource
alignment with results. Your participation will greatly enhance your organization's
ability to efficiently implement the process, share the outcomes of your work with
citizens, and ultimately channel all of your community's resources with the results
your citizens desire.
We are pleased to provide the following consulting proposal for the City of Tukwila,
Washington. This proposal is specifically designed to provide guidance and support
to the City in the following key action areas:
Identifying Programs- We will provide you the "Program Inventory Starter Kit"
and be prepared from a consulting perspective to assist in identifying programs and
provide guidance and feedback on what programs should look like (not too big and
not too small). We'll work on the assumption that you have already created the
reporting and tracking tools for this step.
Program Costing- ResourceX will provide Program Costing training session to staff
who will be responsible for filling in the data into the Program Costing Template.
This step identifies and allocates a cost to each city program. Typically staff from the
budget office are involved in the task of developing "fully loaded personnel costs"
while the departments are responsible for allocating staff to programs.
Program Scoring & Peer Review- ResourceX will provide a Program Scoring
training session to those participating in scoring, instructing departments how to
assign appropriate scores. We will provide customized "Program Scorecards" for
each department, including the department's program inventory, and the
appropriate scoring criteria. As departments engage in the process of scoring their
programs, ResourceX provides coaching and guidance along the way, helping the
departments with questions about how to assign their scores.
ResourceX will provide a Peer Review training session for those who are
participating on Peer Review teams. We will help the City identify who the most
effective Peer Review team members could be, and then train each team as to how
to evaluate scores from other departments (this will include: how to ask
departments for more info, and how to complete the Peer Review template). As Peer
Review team members complete the Peer Review process, ResourceX is available to
each team to help them through the process of evaluating the scores of other
departments.
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Approach to implementation, Scope and Timeline
Your implementation process is built around major steps, each with clear
milestones along the way.
Overview, Program Inventory and Costs
Project Kick-off and Program Inventory Training "Workshop"
Webinar Training: 1-1.5 hours
ResourceX Role and Workload:
To launch your implementation, ResourceX will provide an initial webinar
together with your team, consisting of an overview of the implementation
process, in addition to the following key project planning points:
• establish a project timeline
• review the key data we'll collect from your financial system, as well as your
personnel system
• clarify the roles and workload of your organization, as well as our role in
providing support services
ResourceX provides a "starter program inventory" for the departments to work
from and a training on how to identify "programs" at a level most effective for PBB.
The "starter program inventory" is built from the PBB Database of over 75,000
programs, customized to match with their department, and significantly easing the
workload for departments to complete this first task.
Super User (PBB Data Officer): One of the
key objectives of our first meeting will be to
identify the "Super User(s)" in your
organization who will be the primary resource
to coordinate with our team for the
management of the project. The Super User(s)
will gain the benefit of being trained on all
aspects of the OnlinePBB software, and
achieve mastery of Priority Based Budgeting
concepts, sufficient to lead the process in
future years.
Tukwila Role and Workload:
City staff will be relied upon to help set up the presentation logistics (audio and
visual), and to distribute the Program Inventory Template (to each department),
presentation slides and the recorded webinar.
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Departments Refine Program Inventories
Departments Given: 1-2 Weeks
ResourceX Role and Workload: ResourceX provides individualized support to the
departments as they work on their program inventories. Often times, departments
may request a conference call with ResourceX, or exchange email with ResourceX to
help address specific questions.
Tukwila Role and Workload: Each department will be responsible for refining and
completing their Program Inventory and submitting this to ResourceX. Departments
are given 1-2 weeks to complete this task, even though the workload anticipated is
between 8-16 hours (departments are given extra time, in order to fit this effort in
among their normal job duties).
Program Costing
Program Costing Workshop
Webinar: 45 mins - 1 hour
ResourceX Role and Workload: ResourceX will provide a Program Costing training
session to staff who will be responsible for filling in the data into the Program
Costing Template. ResourceX will provide customized Program Costing templates
for each of the City's departments (or divisions), as well as a recorded version of the
webinar the City can refer to.
Tukwila Role and Workload: City staff will be relied upon to help set up the
webinar logistics (audio and visual), and to distribute the Program Costing
Template (to each department), presentation slides and the recorded webinar.
Those who participate in this webinar should allow for 45 minutes to 1 hour for the
training.
Departments Develop Program Costs
Departments Given: 1-3 Weeks
ResourceX Role and Workload: ResourceX will be available during to assist staff
during the process of developing program costs. Typically, departments will email
ResourceX with questions, or schedule conference calls with ResourceX in order to
strategize about the Program Costing template, and the easiest way to fill it out.
Tukwila Role and Workload: Those who are involved in the task of completing
Program Costing are given anywhere from 1 to 3 weeks to complete this task.
Typically staff from the budget office are involved in the task of developing "fully
loaded personnel costs" while the departments are responsible for allocating staff to
programs.
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Program Scoring Workshop
Webinar: 1-1.5 hours
ResourceX Role and Workload: ResourceX will provide a Program Scoring training
session to those participating in scoring, instructing departments how to assign
appropriate scores. ResourceX will provide customized "Program Scorecards" for
each department, including the department's program inventory, and the
appropriate scoring criteria. ResourceX will also provide the recorded webinar.
Tukwila Role and Workload: City staff will be relied upon to help set up the
webinar logistics (audio and visual), and to distribute the Program Scorecard
Template (to each department), presentation slides and the recorded webinar.
Those who participate in this webinar should allow for 1-1.5 hours for the training.
Departments Participate in Program Scoring Process
Departments Given: 2-3 Weeks
ResourceX Role and Workload: As departments engage in the process of scoring
their programs, ResourceX provides coaching and guidance along the way, helping
the departments with questions about how to assign their scores. Typically,
departments email ResourceX or schedule conference calls to strategize about the
most appropriate way to assign scores.
Tukwila Role and Workload: Departments are given 2-3 weeks to complete their
Program Scorecards, and they are encouraged to involve staff leadership at all levels
in this process. While they are given several weeks, the actual workload anticipated
should be anywhere from 16-32 hours total time, depending on how involved they
choose to make their own staff.
Peer Review Workshop
Webinar: 1-1.5 hours
ResourceX Role and Workload: ResourceX will provide a Peer Review training
session for those who are participating on Peer Review teams. ResourceX will help
the City identify who the most effective Peer Review team members could be, and
then train each team as to how to evaluate scores from other departments (this will
include: how to ask departments for more info, and how to complete the Peer
Review template).
Tukwila Role and Workload: City staff will be relied upon to help set up the
webinar logistics (audio and visual), and to distribute the Program Review Template
(to each department), presentation slides and the recorded webinar. Those who
participate in this webinar should allow for 1-1.5 hours for the training.
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Peer Review Teams Participate in Peer Review Process
Departments Given: 2-3 Weeks
ResourceX Role and Workload: As Peer Review team members complete the Peer
Review process, ResourceX is available to each team to help them through the
process of evaluating the scores of other departments. Typically, ResourceX
exchanges in email correspondence and phone calls to assist the work of the Peer
Review teams.
Tukwila Role and Workload: For those staff participating in Peer Review, they will
learn how to structure their time around a recommended 3-5 meeting process,
where each meeting should last about 1-2 hours (and no meeting lasting longer than
3 hours). Therefore, at most, participants should plan on 15 hours of meeting time
devoted to Peer Review (and at least about 6-9 hours).
City Finalizes Peer Review
City Given: 1 Week
ResourceX Role and Workload: When each Peer Review team has submitted their
recommended scores (including scoring changes), and as each department has
completed their Program Scoring templates, ResourceX collects the information
from the City and ensures that all information is complete (and/or follows up with
the City if any information is missing).
Tukwila Role and Workload: City staff will be relied on to collect the information
from the Peer Review teams and provide a cursory quality control of the
information to make sure it's complete, and then send it to ResourceX.
Determine Final Program Scores, Quartile Rankings
ResourceX Given: 1-2 Weeks
ResourceX Role and Workload: ResourceX applies it's scoring methodology to
calculate final program scores for each of the City's programs, and performs an
analysis on each of the programs to determine final "Tier Rankings." ResourceX will
begin the process of loading this information into the City's final Resource
Alignment Diagnostic Tool (the final deliverable of implementation).
Tukwila Role and Workload: City staff will have minimal involvement here.
ResourceX may reach out to staff to ask questions where data is missing or in
question.
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Issue "Peer Review Exception Report" to the City
ResourceX Given: 1-2 Weeks
ResourceX Role and Workload: ResourceX will not only evaluate programs on the
basis of the Peer Review recommended scores, but also on the scores that
Departments provided in their self-assessment. Comparing these scores, ResourceX
will develop a report that identifies where the impact of Peer Review resulted in a
different "Tier Ranking" for any program, compared to the department score.
Tukwila Role and Workload: City staff will receive the "Peer Review Exception
Report" and be given the opportunity to follow up with both the departments and
Peer Review teams to review programs that changed tiers. Typically this process is
conducted within a 1 week time period, giving departments an opportunity to
explain their scores, and giving Peer Review the same opportunity.
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Create PBB Model: Resource Alignment Diagnostic Tool
ResourceX Given: 1-2 Weeks
ResourceX Role and Workload: ResourceX will create a customized Resource
Alignment Diagnostic Tool for the City, that will include each of the City's programs,
program costs, tier ranking, and scoring criteria.
Tukwila Role and Workload: City staff will have minimal involvement here.
ResourceX may reach out to staff to ask questions where data is missing or in
question.
Provide Model "Preview" to City Team
ResourceX Given: 1-2 Weeks
ResourceX Role and Workload: As soon as the Resource Alignment Diagnostic Tool
is completed, ResourceX will provide a presentation to City staff in order to
demonstrate the results of the City's work, as well as the functionality of the Tool,
before presenting it to The City Council (if requested). Typically this gives the City
staff first opportunity to review the data and ensure it's appropriate for presenting
the information further.
Tukwila Role and Workload: City staff will be asked to reflect on the presentation
of the initial Resource Alignment Diagnostic Tool, and provide feedback to
ResourceX where any data is in question or in need of revision, prior to presenting
the Tool further.
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Present Final Model to Staff and/or Elected Officials
On -Site or Webinar: 1-2 hours
ResourceX Role and Workload: There are various options open to the City in terms
of presenting the final Resource Alignment Diagnostic Tool to elected officials.
ResourceX typically provides a webinar presentation to elected officials to coach
them as to their role in effectively using the Tool, and helping portray the power and
use of the information that has been created through the implementation process.
An additional on-site presentation may be requested for a fee.
Tukwila Role and Workload: City staff will be asked to strategize with ResourceX
as to how best to present the City's Resource Alignment Diagnostic Tool to elected
officials and/or a larger staff audience. City staff will also receive training on the use
of the Tool, how to incorporate the information into the City's budget process, and
how to communicate the data to the public/community (if desired).
*Your organization's timeline for implementation is totally in your
control. ResourceX will help you design your timeline to meet the needs of
the organization. If you have a more pressing need to implement PBB in
less time, please let us know and our team will help design an
implementation path that will accommodate your schedule.
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Implementation Plan and Approach to Pricing
Once the October 2017 start date for the project is confirmed, ResourceX will work
with you to develop an implementation timeline that normally spans a three to four
month time period in which it can guide the City of Tukwila through the scope of
work included in this proposal. This time frame might vary slightly depending on the
level of citizen engagement that might be desired OR the amount of information that
might already be in place before the work begins.
While the duration of the implementation process is anticipated to span several
months, the actual workload placed on staff in the City is by no means of a "day-to-
day" nature. The timeline allows for staff to manage their own internal workload
and still participate effectively in the process.
Given the work that has already been accomplished and can be leveraged for this
implementation the total proposed budget for this project with the City of Tukwila is
$30,500.00.
Upon execution of contract, ResourceX requests $15,000 payment within 30 days of
execution of contract. The remaining $15,500 will be due within 30 days of
successful completion of entire scope of work and project.
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Project Timeline
This Agreement shall commence on , and shall remain and continue
until project completion, unless sooner terminated pursuant to the provisions of this
Agreement.
THIS AGREEMENT is made and effective as of , between The City of
Tukwila and Resource Exploration. The parties agree as follows:
Resource Exploration City of Tukwila, Washington
Date: Date:
By: Chris Fabian
Co -Founder By:
Title:
By:
Title:
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