HomeMy WebLinkAbout01/19/2010 17 Washington State Archives Local Records Grant Agreement 0 BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 11
For Meeting Of January 19, 2010
ITEM TITLE: Consideration of Legislation regarding a grant agreement between the City of
Yakima and Washington State Division of Archives and Records Management:
A. Resolution authorizing execution of a grant agreement with the State of
Washington, Division of Archives and Records Management for local public
records management and preservation efforts
B. Ordinance amending the 2010 budget and making an appropriation of
$10,000 in the 000 Fund (no action required at this meeting; second
reading scheduled 2-2-10)
SUBMITTED BY: Dave Zabell, Assistant City Manager
Deborah Kloster, City Clerk
Jodi Stephens, Public Records Officer
CONTACT PERSON1TELEPHONE: Deborah Kloster, 575-6037
SUMMARY EXPLANATION:
On September 4, 2009, the City Clerk's office submitted an application to the State of
0 Washington, Secretary of State, Division of Archives and Records Management for a Local
Records Grant 2009-2011.
On October 19, 2009, the City was notified it was selected as one of the award recipients of a
grant for $10,000. The purpose of the grant is to digitize and preserve Minutes, Ordinances
and Resolutions from 1886-2000 and make them accessible to the public through the Digital
Archives. The award is based on a budget of not to exceed $9,714 for imaging services and
$286 for public records storage boxes.
Staff respectfully requests that Council approve the attached ordinance, which authorizes an
appropriation of $10,000 into the 014-625-410 to support local pubic records management and
preservation of documents.
Resolution X Ordinance X Other (Specify)
Contract X Mail to (name and address):
Phone:
Funding Source 000-General Fund, City Clerk "ecords
APPROVED FOR SUBMITTAL: 4 _,_ i - City Manager
STAFF RECOMMENDATION: Staff requests Council to adopt the resolution; read the
attached ordinance at the January 19, 2009 Council meeting; and pass the ordinance at the
February 2, 2010 Council meeting.
• BOARDS/COMMISSIONS/COMMITTEES:
COUNCIL ACTION:
•
RESOLUTION NO. R-2010-
A RESOLUTION authonzing the City Manager to execute a grant agreement with the State
of Washington, Office of the Secretary of State, Division of Archives and
Records Management, to support Iocal public records management and
preservation efforts.
WHEREAS, the City of Yakima was awarded a grant in the amount of $10,000 through
the 2009-2011 Washingtoh State Archives Local Records Grant Program; and
WHEREAS, the grant will be used for the purposes of imaging and preservation of
Minutes (1886-2000), Ordinances (1886-2000), and Resolutions (1959-2000); and
WHEREAS, all records must be indexed and will be hosted by the Washington State
Digital Archives for public viewing; and
WHEREAS, scanning, rnicrof|minQ, microfilm duplication and related services must be
performed by Imaging Services (IS), Washington State Archives, Office of the Secretary of State;
and
WHEREAS, the Washington State Archives Grant Program requires both the narrative
and financial components of program progress reports be completed during the project pehod.
including documentation of expenditures and bids, and shall be submitted to both the State
Archivist and the Local Records Grant Program; and
WHEREAS, the penod of performance of the agreement shati commence on date of
execution and be completed no later than May 31, 2011, unless terminated sooner as provided
by the terrns and conditions of the agreement; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authonzed and directed to execute the attached grant agreement
and to execute other such documents as may be required upon receipt.
o m
ADOPTED BY THE CITY COUNCIL this 1^ day of January, 2010.
Micah Cexvey, Mayor
ATTEST
City Clerk
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Grant No. G-4355 , OSOS Contract No. 7071Y-1138
GRANT AGREEMENT BETVVEEN
1111 THE STATE OF WASHINGTON,
• OFFICE OF THE SECRETARY OF STATE,
DIVISION OF ARCHIVES AND RECORDS MANAGEMENT, .
AND THE
CITY OF YAKIMA
This Grant Agreement •is entered into between the State of Washington, Office of the Secretary of
State, Division of Archives and Records Management, hereinafter referred to as the "Agency", and
the City of Yakima, 129 North 2nd Street, Yakima, WA; hereinafter referred to as the "Grantee".
PURPOSE
The purpose of this Grant Agreement is to support local public records management and
preservation efforts, as authorized under RCW 36.22.175., through the Archives and Records
. Management Division's Local Records Grant Program.
. .
STATEMENT OF WORK
The Grantee will provide services and staff, and otherwise do all things necessary for or incidental
to the performance of work, as set forth below:
The Grantee will perform the work as described and included in the Grantee's application signed
on 9/8/2009, and as set forth in the Award Determination form, attached as Exhibit A.
0 Scanning, microfilming, microfilm duplication and related services must be performed by Imaging
Services (IS), Washington State Archives, Office of the Secretary of State, as a condition of award
acceptance. IS rnay decline services based on business requirements, in which case Grantee may
contract with outside vendors. When using outside vendors, Grantee is responsible for ensuring all
files and data meet the specifications required to create security microfilm and host digital records
in the Digital Archives.
The Washington State Archives Grant Program requires both the narrative and financial
components of program progress reports be completed during the project period. Documentation
of expenditures and bids is required. The Grantee shall submit reports to'both of the individuals
listed below:
.
Jerry Handfield Patrick Williams, Coordinator
State Archivist Local Records Grant Program
Washington State Archives Washington State Archives
1129 Washington St SE 1129 Washington Street SE
Olympia, WA 90504-0238 Olympia, WA 98504-0238
The interim report, due on or before January 10, 2011, must detail the activities performed or
progress toward the successful completion of the work described in the application and Exhibit A —
from project execution through December 31, 2010.
The final report, due on or before May 31, 2011, must provide a complete summary of the project
and of all grant activities as described in the application and Exhibit A. It MUST include a
separate, itemized list of costs incurred and copies of receipts, and invoices, etc., to substantiate
io all figures.
Page 1 of 3
. .
Grant No. G-4355 OSOS Contract No. 7071Y-1138
PERIOD OF PERFORMANCE
Subject to its other provisions, UheperkJdofperfornnanoeofthisAureenlerdehaUcVnnrnenceon 411
date of execution, and be completed no later than May 31, 2011, unless terminated sooner as
provided herein.
PAYMENT
In consideration for the work conducted as described in Exhibit A, the Agency agrees to credit the
Grantee an amount not to exceed $10.000 as prescribed and incorporated by reference herein.
No funds will be disbursed to the Grantee. The payment of credit for servces is as described:
• An invoice will be created by the Agency's Financial Services upon deliveiy of Archival
Storage boxes.
• The invoice will be paid by the Agency through a transfer of funds upon delivery of Archival
Storage boxes.
• An invoice will be created by the Agency's Imaging Services upon delivery of the completed
project.
• The invoice will be paid by the Agency through a transfer of funds upon approval by the
Grantee of services provided.
• Tha Agency will send a copy of the paid invoices for reference to the Grantee.
Costs incurred prior to the effective date of the Grant Agreement shall be disallowed under the
Grant. Should the Grantee incur costs prior to the effective date of the Grant Agreement, it does
so at its own risk.
RECORDS MAINTENANCE AND MONITORING PROJECTS FOR PROGRAM AND FISCAL
COMPLIANCE
The Grantee must comply with the accounting and auditing requirements set forth in WAC 434- �����K
O7O-O70 and VVA(�434-O70-08O.neapechwa|y. ��w~
Specific accounting requirements for the Local Records Grant Program include but are not limited
to: •
• Grant money must be deposited in an auditable, interest-bearing account. Interest
received must be applied to the project, or returned to the Agency.
• The Grantee must submit, with the final neport, an itemized Iist of costs incurred, with
copies of receipts, invoices, and payroll records, eto., to substantiate all figures.
• All changes to the approved project (project scope, budget, parsonne|), must be requested
in writing tV, and approved by, the State Archivist.
• Grant work must be monitored in progress. Agency staif may visit the work site for review at
any time during the project.
• The Grantee must adhere to local and state bid requirements.
INDEPENDENT CAPA |TY AND INDEMNIFICATION
The employees or agents of each party who are engaged in the performance of this Grant
Agreement shall continue to be emplo ees or agents of that party and shall not be considered for any
purpose to be employees or agents of the other party. Each party to this Grant Agreement shall be
responsible for its own acts and/or omissions and those of its officers, employees and agents.
BUDGET REVISIONS
Revisions to the budget as described in the application and Exhibit A are permitted only with official
written approval from the Washington State Archivist.
TERMINATION 411
Either party may terminate this Grant Agreement upon 30 days' prior written notification to the other
party. If this Grant Agreement is so tenninoted. the parties shall be liable for performance rendered
or costs incurred in accordance with the terms of this Grant Agreement prior to the effective date of
termination.
Page 2 of 3
• , .
Grant No. G-4355 , OSOS Contract No. 7071Y-1138
' .
• TERMINATION FOR CAUSE
If for any cause, either party does not fulfill in a timely and proper manner its obligations under this
Grant Agreement, or if either party violates any of these terms and conditions, the aggrieved party
will give the other party written notice of such failure or violation. The responsible party will be
given the opportunity to correct the violation or failure within 15 working days. If failure or violation
is not corrected, this Grant Agreement may be terminated immediately by written notice of the
aggrieved party to the other. In the event of a termination for cause, all unused funds must be
returned to the Agency's Local Records Grant Program.
In the event that the Termination for Cause occurs due to any violation of these contract provisions
by the Grantee, the Grantee may be required to reimburse the Agency's Local Records Grant
Program for the expended portions of the funds.
The rights and remedies of the Agency provided in this section shall not be exclusive and are in
• addition to any other rights and remedies provided by law or under this contract.
— .
DISPUTES
Except as otherwise provided in this Grant Agreement, when a dispute arises between the parties
and it cannot be resolved by direct negotiation, either party may request a dispute hearing' with the
Secretary of State. Nothing in this Grant Agreement shall be construed to limit the parties' choice of
• a mutually acceptable Altemate Dispute Resolution (ADR) method in addition to the dispute
resolution procedure outlined above,
GOVERNANCE
41) In the event of any inconsistency in the terms of this Grant Agreement, or between its terms and any
applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following
order:
a. Applicable state and federal statutes and rules; and .
b. This Grant Agreement and any and all attached exhibits
GOVERNING LAW •
This Grant Agreement shall be construed and interpreted in accordance with the laws of the State of
Washington, and the venue of any action brought hereunder shall be in the Superior Court for
Thurston County.
IN WITNESS WHEREOF, the parties have executed this Grant Agreement.
CITY OF YAKIMA: OFFICE OF THE SECRETARY OF STATE
. .
Authorized Signatory Date Eleanor Dovey • Date •
Financial Services Manager
, - Print Name: - •
Title: Mayor
EXHIBIT
• A. Award Determination
. . Office of the, Secrete ry of State
Financial & Support Services
PO Box 40224
Olympia, WA 98504-0224
Page 3 of 3
GRANT # G-4355 OSOS Contract No. 7071Y-1138
EXHIBIT A
4110
AWARD DETERMINATION
CITY OF YAKIMA
The following table illustrates the grant award budget along with conditions specific to
those budget items.
Budget
Amount Funded For the Purposes of
Item
Imaging and Preservation of
Minutes1886-2000,
Imaging Not to Exceed Ordinances1886-2000,
Resolutions 1959-2000
Services $9,714 All records must be indexed and will be
hosted by the Washington State Digital
Archives forpublic viewing.
Boxes $286 Public Records Storage.
TOTAL $10,000 Congratulations!
1. If you accept the budget as described in the table above, please have your
authorizing official sign each of the enclosed original Grant Agreements and return
both of them to the address provided at the bottom of page three. Once our
authorizing official also signs each agreement, one signed original will be returned to
you for your files.
2. Two copies of a Service Level Agreement with Imaging Services have been included
in your award packet. Please sign both copies and return with your Grant
Agreements. Once executed, a signed copy will be returned to you.
3. Upon execution of the Grant Agreement, a Statement of Work (with Imaging
Services) and Transmittal Agreement (with the Digital Archives) will be sent to you
defining the terms and conditions required of each party.
4. Records will be digitized and microfilmed from the earliest recorded date until
completion of the project, or exhaustion of funds; whichever occurs first.
If you have questions about the award, For questions about the contract,
please contact: please contact:
Patrick Williams Bill Fieber, Contracts Specialist
Local Records Grant Program Coordinator Office of the Secretary of State
(360) 586-0108 (360) 236-5045
patrick.williams@sos.wa.gov bill.fieber@sos.wa.gov
-Grant No. G-4355 OSOS Contract No. 7071Y-1138
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��- SERVICE LEVEL AGREEMENT
For
DOCUMENT PREP ATON AND IMAGING SERVICES
THIS AGREEMENT is made and entered into by and between the CITY OF YAKIMA
(hereinafter "CUSTOMER") and the STATE of WASHINGTON, OFFICE OF THE SECRETARY
OF STATE, ARCHIVES &RECORDS MANAGEMENT DIVISION (hereinafter"ARCHIVES").
This Service Level Agreement establishes the understanding for ARCHIVES to.provide
document prepanaUon, acanning, and microfilming services. Specific work to be preformed shall
bodesoribedinaaepar8Ue|ygpprovedStoternantofVVo[k/hen3inafter^SOW''\. Any additional
SOWs shall be approved in writing
SCOPE OF SERVICES
1. ARCHIVES shall provide document preparation, scanning, and microfilming services to
the CUSTOMER upon receipt of a detailed SOW describing the services requested and
the documents to be prepared and scanned or microfilmed. The SOWshall thereby be
made an integral part of this Agreement. Within ninety (90) calendar days after delivery
to the CUSTOMER of the finished product, pursuant to the SOW, ARCHIVES shall
return the documents to the CUSTOMER. Upon a written request from the
CUSTOMER, ARCHIVES will transfer the documents toonARCHIVES regional branch
facility.
2. ARCHIVES shall meel or exceed the quality oontro|, prom3eaing, document pnsporohon,
and imaging specifications and standards for the creation of archival public record
documents established by Washington State law. It is the responsibility of the
CUSTOMER to verify the quality and accuracy of the service performed and to notify
ARCHIVES of any discrepancies within thirty (30) calendar days after receiving the
finished work product for each Statement of Work. PrOrnp1|y after receiving such notice
of any discrepancies from the CUSTOMER, ARCHIVES will replace deficient work
product with product that meets specifications and standards at no charge to the
CUSTOMER. Any defects or errors communicated by the CUSTOMER to ARCHIVES
after thirty (30) calendar days after receiving the finished work product will incur
additional costs.
3. Although each Statement of Work will include an estimated completion date as agreed
upon by the perties. ARCHIVES shall not be liable for delays in providing services
to the CUSTOMER under this Agreement.
�
4. Nothing in this �eme�shall constitute o guarantee bv the CUSTOMER to provide o
minimum amount of work orapromise 10 supply work to ARCHIVES.
5. All records must be delivered in boxes capable of holding their contents with the lid
closed. This includes rolled or flat drawings. Boxes that are damaged, without lids, or
weighing over 4OIbs will not be accepted. Boxes may be weighed before transporting.
ARCHIVES have archival quality boxes wlth attached lids for purchase. ARCHIVES
have staff available to box CUSTOMER documents on site for an hourly fee equal to the
current ARCHIVES miscellaneous labor rate.
•
Page o{5
Grant No. G OSOS Contract No. 7071Y-1138
O. Washington State Microfilming Standards require certain information to be present on all
microfilm. ARCHIVES will add pages to ensure compliance with the standards.
CUSTOMER will be charged at a per page rate and project preparation rate for ths
work.
7. CUSTOMER instructions that result in a suspension of work in progress will be charged
the current ARCHIVES miscellaneous labor rate per each hour of downtime for shut
down and restart. Once the project work begins, all questions submitted to the
CUSTOMER must be answered expeditiously and no later than one (1) business day to
avoid work stoppage.
U.
TERMS AND TERMINATION -
1. This Agreement shall take effect upon the signing of the last required signature. This
Agreement shall remain in effect until 05/15/2011.
2. The CUSTOMER may extend this Agreement for up to two (2) additional two-year terms
by providing a written notice to ARCHIVES any time before the termination dote.
3. Either party may terminate this Agreement upon a thirty (30) calendar day written notice
to the other party. In the event of termination of this Aonsennant, the terminating party
shall be liable only for the performance rendered prior to the effective date of
termination. The CUSTOMER shall pay ARCHIVES within thirty (30) calendar days of
receipt of billing for services rendered.
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U|.
COMPENSATION •
1. The CUSTOMER will pay ARCHIVES for the services provided under this Agreement at
the rates in effect at the time a request for work is received from the CUSTOMER and
ARCHIVES creates a Statement of Work, which is approved by the CUSTOMER.
ARCHIVES shall maintain the right to increase or decrease the cost of rendering
service(s) under this Agreement throughout its lifetime upon a thirty (30) calendar day
advance notice to the CUSTOMER. Notwithstanding paragraph || above, the
CUSTOMER has fifteen (15) calendar days to agree or terminate the Agreement for
changes made pursuant to this paragraph 111.1.
2. ARCHIVES will send an itemized bill to the CUSTOMER each month that includes work
done in the prior month for imaging services detailing charges by Statement of Work
number and services provided. ARCHIVES shall submit invoices to the same address to
which notice is sent.
3. The CUSTOMER shall make payment by checka, journal voucher, or credit card of
amount due within thirty (30) calendar days after receiving a properly executed invoice.
The CUSTOMER shall make checks payable to the Office of the Secretary of State and
send payment so the Office of the Secretary of Gtata. Financial and Support Services,
P.O. Box 40224. O|ynnpi8, WA 98504-0224. Payment must reference the Agreement
number.
4. Total services under this Agreement shall not exceed $50.008.00 annually. This
amount can be increased by an amendment to this Agreement signed by both Parties.
Page 2of5
-
, Grant No. G . OSOS Contract No. 7071Y-1138
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IV. NOTICE
.
. 1. Any notice to be given undg,UlisAoreennent shall be ih writing and may be sent either
by registered or certified mail, facsimile tronarnisak>O, en1oi|, or personal delivery.
2. Any notice from ARCHIVES sent to the CUSTOMER shall be sent or deUvered to:
Customer Contact Name: Jodi Stephens
City of Yakima
Public Records Officer
129 North 2nd Street
Yakima, WA 98901
e|ephVne Number: 509'570-8652
Fax Number: 508_570-6635
E
•
mail Address: jstephens@oiyaNnna.vva.us
3. An notice from the CUSTOMER sent to ARCHIVES shall be sent or delivered to:
BVvdBarber
Imaging and Preservation Services Manager
ag g �n naserv� on � mas onag
Office of the Secretary of State •
Washington State Archives
6340 Capitol Boulevard G.
�����U � () WA 985 ����� ``-` .
-~�
Telephone: (360) 236-5080
Fax Number: (360) 236'5088
Email Address: bovd.barber@aoa.vva.gov
4. Notice shall become effective upon delivery in person, three (3) business days after
posting by prepaid registered or certified nnai|, receipt by the sender of a successful ,
facsimile transmission roport, or receipt by the sender of an email read receipt,
whichever occurs first.
.
V. RECORDS .
' The parties to this Agreement shall each maintain books, reconds, documents, and other
evidence, which sufficiently and properly reflects all direct and indirect costs expended
by either party in the performance of the service(s) described herein. These records
shall be subject to inspection, review, or audit by personnel of both parties, orother
personnel duly authorized by either party, the Office of the State Audi0or, and federal
officials authorized by law. All boOka, nmoordu, docunnents, and other material relevant to
this Agreement will be retained for six (6) years after expiration or termination of this
Agreement and the Office of the State Auditor, federal auditora, and any persons duly
authorized by the parties shall have full access and the right to examine any of these
materials during this period.
VI. GENERAL TERMS AND CONDITIONS
1. This Agreement shall not be assignable by either party without written consent of the
0 other party.
Page 3 of
.
Grant No. G 0505 Contract No. 7071Y- 138
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2. The ownership of the documents or other items received from the CUSTOMER shall at
all times remain the property of the CUSTOMER. The imaging or other products are the
property of the ARCHIVES until payment has been made for the services rendered.
3. The service or product provided by this Agreement shall be either available for pickup or
shipped from the ARCHIVES' facility at 6340 Capitol Boulevard S., Olympia, WA 98504.
4. Except as otherwise provided in this Agreement, when a bona fide dispute arises
between ARCHIVES and the CUSTOMER, and it cannot be resolved by direct
negotiation, either party may request a dispute hearing with the Secretary of State or the
delegate authorized in writing to act on behalf of the Secretary of State.
A. The request for a dispute hearing must:
• be in writing;
• state the disputed issues(s);
• state the relative positions of the parties;
• state the party's nanne, oddreaa, and contract number; and
• be mailed to the Secretary of State or delegate and party's (respondent's)
Agreement Manager.
• The respondent shall send a written answer to the requester's statement to both
the Secretary of State or delegate and the requester within fifteen (15) business
days.
B. The Secretary of State or delegate shall review the written statements and reply in
writing to both parties within ten (10) business days. The Secretary of State or
delegate may extend this period if necessary by notifying the parties. •
C. The parties agree that this dispute process shall precede any action in a judicial or
quasi-judicial tribunal.
Nothing in the Agreement shall be construed to limit the parties' choice of a mutually
acceptable Alternate Dispute Resolution (ADR) method in addition to the dispute
resolution procedure outline above.
5. This Agreement shall be construed and interpreted in accordance with the Iaw of the
state of Washington. The venue of any legal action brought hereunder shall be in the
Superior Court for Thurston County.
6. Each party to this agreement shall be responsible for its own acts and/or omissions and
those of its offioens, employees and agents. No party to this agreement shall be
responsible for the act and/ar omissions of entities or individuals not a party to this
agreement.
7. This Agreement may be modified only in writing by the parties executed with the same
formalities required to execute this Agreement.
8. If any dauae, phnase, sentanue, or paragraph of this Agreement is declared invalid or
void, the remaining provisions of this Agreement shall remain in full force and effect.
9. If any conflicts exist between the text of this Agreernent and any Statement of Work, the
Agreement shall prevail,
Page 4of5
Grant No. G-4355 . OSOS Contract No. 7071Y-1138
VII. AFFIRMATION OF AGREEMENT
The parties signing below hereby affirm that they have the authority to bind the
respective parties to the terms of this Agreement. No other understanding, oral or
otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or to
bind any of the parties. This Agreement, together with all of its attachments and
subsequent Statement of Work constitutes the entire Agreement.
The parties have read and agree to the terms and conditions of this Agreement.
CITY OF YAKIMA OFFICE OF THE SECRETARY OF STATE
Date Date
Title State Archives
APPROVED AS TO FORM
Attorney General's Office
•
10
Page 5 of 5
• ORDINANCE NO. 2010
AN ORDINANCE amending the 2010 budget for the City. of Yakima; and making
appropriations of $10,000 within the 000 - General Fund for
expenditure during 2010 to support local public records
management and preservation efforts.
WHEREAS, the amount of $10,000 must be appropriated within the 000 - General Fund
for expenditure during 2010 to support local public records management and preservation
efforts, and
WHEREAS, the expenditure is being funded by a grant from the State of Washington,
Office of the Secretary of State, Division of Archives and Records Management through the
2009-2011 Washington State Archives Local Records Grant Program, and
WHEREAS, at the time of the adoption of the 2010 budget it could not reasonably have
been foreseen that the appropriation provided for by this ordinance would be required; and the
City Council declares that an emergency exists of the type contemplated by RCW 35.33.091
and that it is in the best interests of the Cal/to make the appropriation herein provided, now,
therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1: The amount of $10,000 is hereby appropriated from the Unappropriated
Fund Balance in the 000 - General Fund to the following accounts as a 2010 appropriation:
Resources:
State Archives Grant--- --------- 000-000-625-0000-33400-3SS --$10,000
Expenditures:
Records-Professional Service-- 000-014-625-0000-51430-410 -- $10,000
Section 2: This ordinance is one making.an appropriation and shall take effect
immediately upon its passage, approval and publication as provided by law and by the City
Charter.
•
PASSED BY THE CITY COUNCIL, signed and approved this day of _
, 2010.
MICAH CAWLEY, MAYOR
•
ATTEST:
CITY CLERK
• First Reading:
Publication Date:
Effective Date:
Cje Archive Grant Approp Ord 10 1/14/2010