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Policies & Disclaimer

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Introduction

The City of Mesa is committed to maintaining your online privacy and the confidentiality of personal information you may provide while interacting with us online. This policy serves to describe the City of Mesa's privacy practices regarding the collection and use of information from visitors to the City of Mesa's official Web sites.

This privacy policy only applies to these City Web sites. When you follow a link to another site, even the sites of other governments, this policy will not apply. This privacy policy is subject to change at any time by the City of Mesa.

Collection and Use of Information

The City of Mesa collects two kinds of site visitor information during browsing sessions:

Anonymous Information

This is information collected that does not identify specific individuals by name, and is automatically transmitted by your browser when visiting City Web sites. Examples of the types of anonymous information we collect includes: URL's or addresses of the web pages you visit while at our City Web sites, the IP address assigned to your computer (or as generated by your Internet service provider), information about the type of browser you are using and its configuration, and other technical metrics related to your browser connection to our City Web sites. This type of information is used for statistical purposes, to help us improve our Web site content and navigation. It is collected for ALL City Web site visitors automatically.

Personally Identifiable Information

This is information that you choose to supply in order for us to provide an online service, or in response to a survey or question. This may include items such as: your name, home address, e-mail address, telephone number or credit/debit card information. The City of Mesa attempts only to collect the minimal amount of personal information needed in order to provide the service being requested. These online requests for personal information are no different than the types of questions that you would be asked if you were to visit a City facility, or use the telephone, to obtain needed services or information from the City. It is your option to supply us with this information, however in some cases it is required in order to complete certain online service requests. Alternative methods of obtaining services are offered, such as telephone and walk-in services, and you may contact the appropriate department to receive information on such alternatives.

If You Send Us Personally Identifiable Information

The City will make every reasonable effort to protect your online privacy. The City only collects the information that is required to respond to your request and restricts access to your personally identifiable information to those employees or agents that will respond to your request. The City does not intentionally disclose any personal information about our users to any third parties except as required by law and to the extent required to process your request for services or information.

Any personally identifiable information furnished by a visitor to the City of Mesa Web sites, for any reason, may be filed and maintained by the City of Mesa for its own use in performing statistical analysis, or responding appropriately to a request for service or information.

Access To Personal Information and Privacy Policy Questions

We recognize the concerns City Web sites visitors may have about public records that include information about them, including your right to correct inaccurate information. You may recommend changes to your personal information you believe in error by submitting a written request that credibly shows the error. If you believe that your personal information is being used for a purpose other than those described in this policy, you may contact us. In all cases, we will take reasonable steps to verify your identity before granting access or making corrections. All questions regarding personal information collected on the City Web sites should be directed to the City of Mesa Marketing and Communications Department or you may contact us by calling 480-644-5035.

Disclosure and Application of Public Records Laws

The City of Mesa does not sell, trade or rent City Web sites visitor information, including electronic mail addresses, to any outside company or organization. The City will not disclose personally identifiable information or credit/debit card information to third parties, except for the purposes of completing your payment transaction through a secured financial network or to collection agencies. The City of Mesa may be required by law enforcement or judicial authorities to provide personally identifiable information, or credit/debit card data, to the appropriate governmental authorities as required by law.

Please be aware that information you provide to any government entity, including the City of Mesa, on a Web site or otherwise may be subject to disclosure upon a request under the Arizona Public Records Law, other state and federal law or Supreme Court Rule.

Access to library information on the City of Mesa library Web site is controlled by Title 41 of the Arizona Revised Statutes.

Subscription E-mail Services

The City of Mesa offers many "subscription-based" e-mail services, where visitors can elect to sign up to receive periodic e-mail notifications regarding items such as City news events, requests for bids for goods and services and job postings (to name a few). To offer this service we must collect your e-mail address information and store it. This information is only used for the purpose of distributing e-mail notices that you have specifically subscribed to. By agreeing to use this service, you are granting the City of Mesa permission to send you periodic e-mails about those topics for which you have registered. The City will not add you to any e-mail lists that you have not specifically signed up for through our registration process. The City of Mesa does not buy, sell, trade or rent e-mailing lists with, for or to third parties. Visitors are free to "un-subscribe" from any e-mail list they may be registered to by following the instructions distributed with every e-mail sent by this service, or by visiting the e-mail subscription page on the site.

Information Provided By Minors

Except for information provided on the City of Mesa Library Web site, no applications, services or surveys on the City of Mesa Web sites seek to determine or verify the age of site visitors. Consequently, visitors should be aware that the collection of personal information requested from or volunteered by minors on-line or by email will be treated in the same manner as information given by an adult, and may be subject to public access as prescribed by applicable laws. We advise children (minors) to get their parents' permission before providing any information online.

Protection of Information

The City of Mesa is committed to maintaining the security and quality of data provided that is either available from or collected by our City Web sites and has taken reasonable precautions to protect such information from loss, misuse or alteration.

The City of Mesa maintains security standards and procedures regarding unauthorized access to electronic information to prevent unauthorized removal or alteration of data. The City utilizes 128-bit encryption and SSL services to secure all transactions that may involve payment of fees through the City Web sites. Those utilizing our online payment services are encouraged to verify the validity of the site's digital server certificate when processing payment transactions, by clicking on the "lock" icon that appears at the bottom of your browser screen when processing credit/debit card information. There is also a "Verify Certificate" link provided on all pages where payment information is requested. Checking certificate status ensures that you are utilizing the City's secured payment processing system.

This information should not be construed in any way as giving business, legal, or other advice, or warranting as fail proof, the security of any personal information collected through our web City Web sites.

Use Of "Cookies" 

To better serve our users we may use "cookies" in certain City Web site areas to customize your browsing experience. Cookies are text files stored on your computer by your web browser. They provide a method of distinguishing among visitors to our City Web sites, and assist in performing certain online transactions. Cookies created by using the City Web sites do not contain personally identifying information and do not compromise your privacy or security. We use the cookie feature only to store a randomly generated identifying tag on your computer. Visitors may configure their browsers to not accept cookies from sites, however this may impact our ability to provide certain online services for you.

Non-City Links From The City Web sites

The City of Mesa Web sites contain links to other Non-City (external) Web sites. Links to other Web sites do not constitute an endorsement of the City of Mesa. Such external Web sites contain information and services that have been created independently of the City of Mesa Web sites, and are only provided as a convenience for our site visitors who may need additional information that we do not control, or otherwise cannot provide. The City of Mesa does not endorse, approve, certify or control these external Web sites, nor any of the information and data contained on those Web sites. The City of Mesa cannot guarantee the privacy of your personal information while accessing those Web sites. The City encourages visitors to check the privacy policies of all external Web sites visited, and to be cautious about providing personal information while on these sites without first obtaining a clear understanding of how such information will be used. Many non-City sites may or may not be subject to the Public Records laws and other provisions of state or federal law.

Social Media and Public Comments

The City may sponsor blogs, wikis, and other social networking sites to further its mission to serve our citizens and provide quality customer service. The City of Mesa sponsored sites are also a place for the public to share opinions about city related subjects and issues. Comments are welcome and may be reviewed prior to publishing. The City of Mesa reserves the right not to publish a posting, or to later remove it. City of Mesa blogs and wikis may be hosted by the City or by third party vendors. City of Mesa may also use social networking sites such as Facebook.com business pages or sites such as YouTube for video sharing.

Comments from the Public

Where moderation of comments is an available option, comments from the public may be moderated before posting by the City of Mesa designated staff. Where moderation prior to posting is not an option, sites will be regularly monitored by city staff.

The City of Mesa reserves the right to modify or remove any messages or postings that it deems, in its sole discretion, to be abusive, obscene, and defamatory, in violation of the copyright, trademark right, or other intellectual property right of any third party, or otherwise inappropriate or incorrect. For example, the following may be removed by City of Mesa

  • Potentially libelous comments;
  • Obscene or racist comments;
  • Personal attacks, insults, or threatening language;
  • Plagiarized material;
  • Private, personal information published without consent;
  • Comments totally unrelated to the topic of the forum;
  • Commercial promotions or spam; and
  • Hyperlinks to material that is not directly related to the discussion.

The City of Mesa is not responsible or liable for content posted by any subscriber in any forum, message board, or other area within the service.

By posting a comment, customers agree to indemnify the City of Mesa, its officers and staff from and against all liabilities, judgments, damages, and costs (including attorney's fees) incurred by any of them which arise out of or are related to the content posted by customers. Forums and messaging may not be used for commercial purposes or for organized political activity.

If a customer does not agree to these terms, the individual should not use the City of Mesa sponsored sites as a violation of these terms may lead to legal liability.

Copyright

Content on City of Mesa blogs, wikis, and other social web applications is governed by a Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States licensing (http://creativecommons.org/licenses/by-nc-sa/3.0/us/).  

File Modification

If permitted to do so, you may download material on a City of Mesa Web site for personal, non-commercial use. The City of Mesa will not be held liable concerning any downloaded files and for any affect the downloaded files has on your computer or software. The download, maintenance and use of any files are the responsibility of the visitor. It is your responsibility to check the information for accuracy and to check the Web site regularly for deleted or changed information. 

Open Data and Open.Mesaaz.gov

The City recognizes the value and benefit to the general public of providing easy and convenient access to a variety of public data for review and download through the City’s website (Open.Mesaaz.gov or OpenGIS.Mesaaz.gov). This Data Terms of Use License Agreement applies to any and all general public, governmental, non-governmental and private industries with an interest in city of Mesa data. By viewing or downloading materials from the City site, and you hereby accept and agree to all terms and conditions outlined within said Licensing Agreement. View information about the initiative and Open Data policy.

Copyright and Trademark

Some of the City of Mesa Web sites may provide data, information and images that are copyrighted. If a copyright is indicated on any material, permission to copy these materials must be obtained from the original source. Any trademarks and trademark logos may not be reproduced without the written permission of the trademark owner.

Terms of Use/Disclaimers

Neither the City of Mesa, nor any agency, officer, or employee of the City of Mesa warrants the accuracy, reliability or timeliness of any information published on the City Web sites, nor does the City of Mesa endorse any content, viewpoints, products, or services provided via external links to Non-City Web sites, and shall not be held liable for any losses caused by reliance on the accuracy, reliability or timeliness of such information. Any mention of vendors, products or services is for informational purposes only. Portions of information on the City of Mesa Web site may be incorrect or not current. Any person or entity that relies on any information obtained from the City Web sites does so at his or her own risk.

The City of Mesa is neither responsible nor liable for any viruses or other contamination of your system nor for any delays, inaccuracies, errors or omissions arising out of your use of the City Web sites or with respect to the material contained on the City Web sites, including without limitation, any material posted on the City Web sites. The City of Mesa shall not be held liable for improper or incorrect use of the data or materials on the City Web sites. These City Web sites and all materials contained on them, including but not limited to software, materials and data, are distributed and transmitted "as is" without warranties of title or any kind or implied warranties of merchantability or fitness for a particular purpose.

The City of Mesa is not responsible for claims for breach of warranty or contract and is not responsible for any damages, direct or indirect, special, incidental, consequential including, but not limited to, business interruption or loss of use, data or profits) or punitive damages that may arise from the use of, or the inability to use, the sites and/or the materials contained on the site whether the materials contained on the sites are provided by the City of Mesa, or a third party. This disclaimer of liability applies to any damages or injury, including but not limited to, those caused by any failure of performance, error, omission, interruption, deletion, defect, delay, computer virus, communication line failure, theft, or destruction of data, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.

Communications to the City of Mesa via these Web sites shall in no way be deemed to constitute legal or official notice to the City of Mesa, its agencies, officers, employees, representatives or agents with respect to any existing, pending or future claim or cause of action against the City of Mesa or any of its agencies, officers, employees, representatives or agents or for any other purpose.

DATE APPROVED. February 25, 2002

Questions About This Policy

If you have any questions about this Privacy Policy, or the content or practices of our Web site, you can contact City of Mesa directly at citymgt.info@mesaaz.gov.

Disclaimer

At certain places on the City of Mesa Web site, live "links" to other Internet addresses can be accessed.  Such external Internet addresses contain information created, published, maintained, or otherwise posted by institutions, organizations or businesses independent of the City of Mesa and are only to provide convenient access to additional information for viewers of the Web site who wish to obtain such information.  The City of Mesa does not endorse, approve, certify or control these external Internet addresses and does not guarantee the accuracy, completeness, efficacy, timeliness or correct sequencing of information located as such addresses.  Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timelines.  Reference therein to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation or favoring by the City of Mesa. 

Library Link Disclaimer

The City of Mesa Library's Web site is an informational tool for our citizens. The City of Mesa Library's purpose is to offer a variety of information sources on a great variety of topics via our print and electronic collections, including external Web sites linked off the City of Mesa Library's Web site. As citizens come into libraries to research information on sensitive and even controversial topics, they may also use library Web sites for the same purpose. External Web sites linked on the City of Mesa Library's Web site may contain content that some citizens may consider inappropriate or controversial.

The City of Mesa Library does not advocate the opinions expressed on these Web sites, nor is it responsible for the completeness and timeliness of content nor the ability to access these sites. Web sites change content, focus and URLs at the discretion of independent site owners, and it is not the responsibility of the City of Mesa Library to monitor sites for these changes. Use of any of the information in these Web sites is voluntary on the part of the individual accessing them.

The City of Mesa Library links to sites at its discretion. No entity is entitled to a link on the City of Mesa Library's Web site. The City of Mesa Library is not required to provide an explanation of inclusion or omission of Web sites to any entity. External Web sites are reviewed by subject specialists in their areas of expertise. The library includes external Web sites that compliment the City of Mesa Library's print and electronic collection as set forth in its Material Selection Policy.

City Maps (static and interactive)

The maps the city of Mesa is providing are for public informational purposes.  The city of Mesa does not guarantee and expressly disclaims any responsibility for the content, validity, timeliness and accuracy of the data and information depicted.  The city of Mesa explicitly disclaims any and all representations and warranties of any and all kind, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

User expressly agrees that any use of the data and information is at the user's sole risk and User expressly accepts full responsibility and liability for the user's use or transmission of any such data or information in its actual or altered form and any decisions made or action taken in reliance upon any information or data hereunder.

The data provided is the property of the city of Mesa and is not to be distributed in any form nor used in any manner not explicitly authorized by the city of Mesa in writing.

Software Translations

The City does not guarantee the accuracy of the translation tool provided.  The tools are provided as a convenience for users when human translation is not available.

Web Site Maintenance

Due to required routine maintenance, certain e-service features will be unavailable from 10 p.m.-1 a.m. every Sunday.  We apologize for any inconvenience.

No Warranties related to Phone Apps

ALTHOUGH CITY OF MESA MAKES EFFORTS TO PROVIDE AN ACCURATE SERVICE, THE SERVICE AND ALL PARTS THEREOF INCLUDING ANY AND ALL ADDITIONAL SERVICES OR WORK TO BE PROVIDED TO USER BY CITY OF MESA PURSUANT TO A SEPARATE WRITTEN INSTRUMENT AND OTHERWISE ARE PROVIDED "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE". CITY OF MESA AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND THIRD PARTY SUPPLIERS (COLLECTIVELY, THE "CITY OF MESA PARTIES") DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION (1) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, WORKMANLIKE EFFORT, QUIET ENJOYMENT AND NO ENCUMBRANCES OR LIENS, (2) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SERVICE, (3) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; (4) THE SERVICE CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY CITY OF MESA PARTY, AND (5) THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR COMPLETELY SECURE. ANY RELIANCE UPON THE SERVICE IS AT USER'S OWN RISK.

CITY OF MESA RESERVES THE RIGHT TO RESTRICT OR TERMINATE USER’S ACCESS TO THE SERVICE OR ANY FEATURE OR PART THEROF AT ANY TIME. IF USER DOWNLOADS ANY CONTENT FROM THIS SERVICE, USER DOES SO AT USER'S OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
THESE DISCLAIMERS ARE INDEPENDENT OF ANY OTHER TERM IN THIS AGREEMENT.

Limitation of Liability

USER ACKNOWLEDGES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CITY OF MESA PARTIES WILL NOT BE HELD LIABLE FOR ANY LOSS, COST OR DAMAGE SUFFERED OR INCURRED BY USER OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO ANY FAULTS, INTERRUPTIONS OR DELAYS IN THE SERVICE, OUT OF ANY INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED IN THE SERVICE, REGARDLESS OF HOW SUCH FAULTS, INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISE, OR FOR ANY UNAUTHORIZED USE OF THE SERVICE. THESE LIMITATIONS OF LIABILITY INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, USER'S LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF USER'S TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.

NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, IN NO EVENT WILL THE MAXIMUM AGGREGATE LIABILITY OF THE CITY OF MESA PARTIES FOR ANY AND ALL REASONS TO ANY SUBSCRIBER OR TO ANY OTHER PARTY FOR DAMAGES, DIRECT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, EXCEED THE TOTAL AMOUNT OF SERVICE FEES ACTUALLY PAID TO CITY OF MESA UNDER THIS AGREEMENT BETWEEN THE RELEVANT SUBSCRIBER AND CITY OF MESA DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE SUCH CLAIM AROSE, REGARDLESS OF THE CAUSE OR FORM OF ACTION. RECOVERY OF THIS AMOUNT SHALL BE THE SOLE AND EXCLUSIVE REMEDY FOR SUBSCRIBER OR ANY OTHER PARTY FOR DAMAGES.

UNDER NO CIRCUMSTANCES WILL ANY OF THE CITY OF MESA PARTIES BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR ANY OTHER DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF, BASED ON, OR RESULTING FROM, OR IN CONNECTION WITH THE SERVICE, THIS AGREEMENT, OR USER'S USE OR INABILITY TO USE ANY OF THE FOREGOING, EVEN IF CITY OF MESA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING EXCLUSION OF DAMAGES IS INDEPENDENT OF THE EXCLUSIVE REMEDY DESCRIBED ABOVE AND SURVIVES IN THE EVENT SUCH REMEDY FAILS.

CITY OF MESA SHALL HAVE NO LIABILITY FOR ANY DAMAGES RESULTING FROM ANY FAILURE TO PERFORM ANY OBLIGATION HEREUNDER OR FROM ANY DELAY IN THE PERFORMANCE THEREOF DUE TO CAUSES BEYOND CITY OF MESA'S CONTROL, INCLUDING BUT NOT LIMITED TO, INDUSTRIAL OR EMPLOYMENT DISPUTES, ACTS OF GOD OR GOVERNMENT, PUBLIC ENEMY, WAR, ACTS OF GOVERNMENT, FIRE, OTHER CASUALTY, FAILURE OF ANY LINK OR CONNECTION WHETHER BY COMPUTER OR OTHERWISE, OR FAILURE OF TECHNOLOGY OR TELECOMMUNICATIONS OR OTHER METHOD OR MEDIUM OF STORING OR TRANSMITTING THE SERVICE.

IF USER IS A CALIFORNIA RESIDENT, USER WAIVES CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

ALL OF THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ACTION ARISING OUT OF OR PERTAINING TO THIS AGREEMENT MAY BE BROUGHT BY USER MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ARISEN.

Web Accessibility Guidelines

The City of Mesa is committed to providing equal access to its electronic information technologies and services for all residents, visitors and business customers. As the World Wide Web has become an essential means by which we provide information to and conduct transactions with our community, our goal is to provide information and services in ways that work effectively for all.

It is one of our goals to continually improve the Web site to achieve compliance with the latest standards in functionality and universal accessibility. We follow the federal ADA Section 508 rules, as well as guidelines provide by the World Wide Web Consortium (W3C).**

The City of Mesa Diversity Office also administers and oversees compliance with the Americans with Disabilities Act. Part of their mission is to serve as an advocate and provide information for people with disabilities. The City is working hard to make all buildings, programs and facilities available and accessible to all people.

**Mesa continually strives to meet standards. Mesa's ability to alter third party software, however, is limited and as such may not strictly comply with standards.

Tools for Blind & Visually Impaired Users

Adobe, the makers of Acrobat and Acrobat Reader, have developed tools to assist blind and visually impaired users. Please visit the Adobe Accessibility area for more information. Please note that the tools designed to create simple HTML documents easily read by standard speech-synthesis software will not retain the graphic images or text formatting of an original Adobe PDF.

Additional Applications

Some of the services and information posted on Mesaaz.gov require that a user download and install additional applications as part of their browser software. The basic versions of these applications are offered, at no cost, on the vendors' Web sites. (Recent versions of Internet Explorer and Netscape Communicator may have these applications installed.) These applications include:

Adobe Acrobat Reader - The City uses Adobe Acrobat to create Portable Document Format (PDF) files to provide online access to City documents in their original formatting. There are several converter applications available online that will convert PDF documents into a variety of alternate document formats, including simple HTML. 

Contact

Site users who encounter difficulty using this site are requested to contact the City Web Specialist describing the nature of the problem and the section where the difficulty was encountered.