HomeMy WebLinkAbout2014 Ordinance No. 002•
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ORDINANCE NO. b_
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 2
INTRODUCED BY COUNCIL
MEMBER WILSON
AN ORDINANCE AUTHORIZING AN APPLICATION FOR AND ACCEPTANCE OF THE
ELIGIBLE GOVERNMENTAL ENTITY AGREEMENT BETWEEN THE STATEWIDE
INTERNET PORTAL AUTHORITY OF THE STATE OF COLORADO AND THE CITY OF
ENGLEWOOD, COLORADO FOR THE ENGLEWOOD INFORMATION TECHNOLOGY
DEPARTMENf.
WHEREAS, the State of Colorado -Statewide Internet Portal Authority (SIP A) provides a
grant program to accelerate the adoption of electronic government services and to promote the
protection for cyber security for any state or local government in Colorado; and
WHEREAS, the Grant funding is available for equipment, systems, services, project planning,
and implementation of products or services within the scope of the Grant parameters; and
WHEREAS, the City of Englewood received grants starting with the FY-2007-Supplemental
Grant to assist in the development of the disaster preparedness for the City of Englewood; and
WHEREAS, the passage of this Ordinance will approve an application for the Eligible
Governmental Entity Agreement Between the Statewide Internet Portal Authority of the State of
Colorado by the City of Englewood, which if awarded will fund the purchase of a firewall to help
protect City assets and protect against cyber attacks; and
WHEREAS, the Grant stipulates that these funds for an amount not to exceed $6,500 will
supplement budgeted funding from local sources and there will be no cost or savings for the City
and there is no requirement for additional matching funds; and
WHEREAS, there are no federal funds associated with this Grant.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes an application
for the Eligible Governmental Entity Agreement between the Statewide Internet Portal Authority of
the State of Colorado and the City of Englewood, Colorado for funds not to exceed $6,500.00,
attached hereto as Exhibit A.
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Section 2. The Director oflnfonnation Technology is hereby authorized to sign the application
for the Eligible Governmental Entity Agreement between the Statewide Internet Portal Authority of
the State of Colorado and the City of Englewood, Colorado for and on behalf of the City of
Englewood.
Section 3. The City Council of the City of Englewood, Colorado hereby authorizes the
acceptance of the grant for the Eligible Governmental Entity Agreement between the Statewide
Internet Portal Authority of the State of Colorado and the City of Englewood, Colorado upon its
award by the State of Colorado.
Section 4. Upon award of the application for the Eligible Governmental Entity Agreement
between the Statewide Internet Portal Authority of the State of Colorado and the City of Englewood,
Colorado the Mayor is hereby authorized to sign for and on behalf of the City of Englewood,
Colorado in accepting this grant.
Introduced, read in full, and passed on first reading on the 6th day of January, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 10th day of
January,2014.
Published as a Bill for an Ordinance on the City's official website beginning on the 8th day of
January, 2014 for thirty (30) days.
Read by title and passed on fi nal reading on the 2 1st day of January, 2014 .
Published by title in the City's official newspaper as Ordinance No. b Series of 2014, on
the 24th day of January, 2014.
Published by title on the City's official website beginning on the 22nd day of
January, 2014 for thirty (30) days.
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is~ true copy of the Ordinance passed on final reading and published by
title as Ordinance No.6_, Series of 2014. ~
Loucrishia A. Ellis
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ELIGIBLE GOVERNMENTAL ENTITY AGREEMENT BETWEEN
THE STATEWIDE INTERNET PORTAL AUTHORITY OF THE STATE OF
COLORADO AND City of Englewood, Colorado.
This Eligible Governmental Entity Agreement ("Agreement") by and between The Statewide
Internet Portal Authority of the State of Colorado ("SIP A"), and City of Englewood ("EGE'')
(each a "Party" and collectively "Parties"), is made and entered into on this 6th day of January,
2014.
RECITALS
WHEREAS, SIP A and EGE wish to enter into a cooperative agreement under which
services can be provided at the discretion of both Parties; and
WHEREAS, SIP A provides for the dissemination, sharing, and use of information,
products, and services via the internet; and
WHEREAS, neither Party is committing ftmds or required to perform services as part of
this agreement; and
WHEREAS, SIP A has entered into certain contracts with its contractors to operate the
Portal and to provide an array of electronic information, products, and services via the internet
(e.g., "Master Contract With Integration Contractor to Design, Build, Operate, Maintain and
Enhance a Statewide Internet Portal Authority" (hereinafter "Master Contract") as amended, and
"COPE Master Contract With Implementation Contractor to Support SaaS Collaboration, Office
Productivity, & Email Solution" (hereinafter "COPE Contract")) and SIPA may enter into other
contracts to expand its array of electronic information, products, and services available to EGE;
and .
WHEREAS, SIP A will provide applications and services to EGE pursuant to Task
Orders, Statements of Work, and/or Work Orders; and
WHEREAS, a Task Order, Statement of Work, and/or Work Order will be prepared for
each application or service and mutually signed by SIP A and EGE; and
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein, SIP A and EGE agree as follows:
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1. EGE shall make available to SIP A electronic information maintained and owned
by EGE as is necessary to complete the agreed upon work as set forth in a Work Order, Task
Order or Statement of Work. As mutually agreed upon in subsequent Work Orders, Task Orders, or
corresponding Statements of Work, EGE will provide reasonable levels of support in placing online
with SIP A certain EGE-owned electronic information, as mutually agreed by EGE and SIP A, with
due regard to the workload and priorities of EGE and SIPA.
2. SIPA may, with the authori2.a.tion of EGE, through the Portal, make public
electronic information made available to it available to the general public, including EGE's
public electronic information. The Parties agree to use their best efforts to provide adequate and
uninterrupted service under the terms of this Agreement. However, neither Party shall be liable
for interruption of service when the same shall be due to circumstances beyond the reasonable
control of either Party, its agents or employees, including but not limited to unanticipated
equipment malfunction, periodic maintenance or update of the computer systems upon which
such EGE electronic information reside, interruption of service due to problems with the
Colorado statewide area network or due to problems with any telecommunications provider.
3. SIPA and EGE may enter into Task Orders, Purchase Orders, Statements of
Work, or any agreed upon documentation under this Agreement. Task Orders, Purchase Orders,
Statements of Work, or any agreed upon documentation under this Agreement, shall describe
specific Services and/or Applications to be provided to EGE. EGE acknowledges that Services
and/or Applications are usually offered by SIPA's contractors. Task Orders, Purchase Orders,
Statements of Work, or any agreed upon documentation shall cover the purchase of goods and
services from SIP A through the use of EGE funds. All Task Orders, Purchase Orders,
Statements of Work, or any agreed upon documentation involving EGE funds may be approved
by one or more of the following: (1) EGE's senior executive official (e.g., Executive Director,
Director, Manager, Board of Commissioners), or his or her designee. Task Orders, Purchase
Orders, Statements of Work, or any agreed upon documentation shall contain specific time or
performance milestones for SIPA's contractor(s), timelines for completion of relevant Task
Orders, Purchase Orders, Statements of Work, or any agreed upon documentation, including
design specifications and other criteria relevant to the completion of applicable Task Orders,
Purchase Orders, Statements of Work, or any agreed upon documentation, criteria and
procedures for acceptance by EGE and remedying incomplete or inaccurate work for each phase
of relevant Task Orders, Purchase Orders, Statements of Work, or any agreed upon
documentation.
4. SIP A shall be responsible for the operation of, and all costs and expenses
associated with, establishing and maintaining electronic access to EGE electronic information,
databases or other software applications, including (but without limitation) the cost of
purchasing, developing and maintaining programs used to interface with EGE software
applications that provide access to EGE-owned electronic information, products, and services.
EGE acknowledges SIP A may at its discretion use Contractors to perform certain obligation.
EGE' s maximum financial obligation for establishing and maintaining electronic access to EGE
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databases or other software applications shall be limited to the Agreement set forth and
appropriated pursuant to each individual Work Order, Task Order, or Statements of Work.
5. Each Party shall have the right to terminate this Agreement by giving the other
Party 60 days' written notice. Unless otherwise specified in such notice, this Agreement will
terminate at the end of such 60-day period, and the liabilities of the Parties hereunder for further
performance of the terms of this Agreement shall thereupon cease, but the Parties shall not be
released from any duty to perform up to the date of termination.
6. None of the terms or conditions of this Agreement gives or allows any claim,
benefit, or right of action by any third person not a party hereto. Nothing in this Agreement shall
be deemed as any waiver of immunity or liability limits granted to SIP A or EGE by the Colorado
Governmental Immunity Act or any similar statutory provision.
7. This Agreement (and related Task Orders, Work Orders, Statements of Work. and
agreed upon documentation) constitutes the entire agreement of the parties hereto and supersedes
all prior negotiations, representations or agreements, either written or oral. This Agreement may
be amended, modified, or changed, in whole or part, only by written agreement approved by
each party .
8. Neither SIPA nor its contractors have responsibility for the accuracy or
completeness of the electronic information contained within EGE's databases. SIPA and its
contractors shall be responsible only for the accurate and complete transmission of electronic
information to and from such EGE databases, in accordance with the specifications of any EGE-
owned software. For the purposes of the Colorado Open Records Act, EGE shall at all times be
the custodian of records. Neither SIP A nor its contractors shall be deemed to be either the
custodian of records or the custodian's agent.
9. lbis Agreement and any written amendments thereto may be executed in
counterpart, each of which shall constitute an original and together, which shall constitute one
and the same agreement. Delivery of an executed signature page of this Agreement by facsimile
or email transmission will constitute effective and binding execution and delivery of this
Agreement.
10. Confidential information for the purpose of this Agreement is information relating
to SIPA's or EGE's research, development, trade secrets, business affairs, internal operations,
management procedures, and information not disclosable to the public under the Colorado Open
Records Act or some other law or privilege. Confidential information does not include
information lawfully obtained through third parties, which is in the public domain, or which is
developed independently without reference to a Party's confidential information. Neither Party
shall use or disclose, directly or indirectly, without prior written authorization, any confidential
information of the other. SIP A shall use its reasonable best efforts to ensure that its contractors
protect EGE confidential information from unauthorized disclosure. Notwithstanding anything
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1300 Broadway, Suite 1101 • Denver, CO 80203 ■ Ph: 720-409-S634 ■ Fax: 720-409-S642 ■ sipa@cosipa.gov
to the contrary herein, each Party acknowledges that given the subject matter of this Agreement,
such Party shall not disclose confidential information of the other (whether in written or
electronic form) to any third party, except as required by law or as necessary to carry out the
specific purpose of this Agreement; provided, however, that if such disclosure is necessary, any
third party who receives such confidential information shall also be bound by the nondisclosure
provisions of this Section 12. Upon termination of this Agreement, the Parties shall return or
destroy (at the other Party's request) all confidential information of the other and if such
information is destroyed, each Party shall demonstrate evidence of such destruction to the other.
11. Miscellaneous Provisions
A. Independent Authority. SIP A shall perform its duties hereunder as an
independent authority and not as an employee of EGE. Neither SIP A nor any agent or
employee of SIP A shall be deemed to be an agent or employee of EGE. SIP A and its
agents shall pay when due all required employment taxes and income tax and local head
tax on any monies paid by EGE pursuant to this Agreement. SIP A acknowledges that
SIP A and its employees or agents are not entitled to EGE employment or unemployment
benefits unless SIP A or a third party provides such benefits and that EGE does not pay
for or otherwise provide such benefits. SIP A shall have no authorization, express or
implied, to bind EGE to any agreements, liability, or understanding except as expressly •
authorized by EGE. SIP A and its agents shall provide and keep in force workers'
compensation (and provide proof of such insurance when requested by EGE) and
unemployment compensation insurance in the Agreement required by law, and shall be
solely responsible for the acts of SIP A, its employees and agents.
B. Non-discrimination. SIP A agrees to comply with the letter and the spirit
of all applicable state and federal laws respecting illegal discrimination and unfair
employment practices.
C. Choice of Law. The laws of the State of Colorado ( except Colorado laws
related to choice of law or conflict of law) and rules and regulations issued pursuant
thereto shall be applied in the interpretation, execution, and enforcement of this
Agreement. At all times during the performance of this Agreement, SIP A shall strictly
adhere to all applicable federal and state laws, rules, and regulations that have been or
may hereafter be established. Any legal action related to this Agreement shall be brought
in either a state or federal court within the City and County of Denver, Colorado.
D. Software Piracy Prohibition. No State or other public funds payable under
this Agreement shall knowingly be used for the acquisition, operation, or maintenance of
computer software in violation of United States copyright laws or applicable licensing
restrictions. SIP A hereby certifies that, for the term of this Agreement and any
extensions, SIP A bas in place appropriate systems and controls to prevent such improper
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use of public funds. If EGE determines that SIP A is in violation of this paragraph, EGE
may exercise any remedy available at law or equity or under this Agreement, including,
without limitation, immediate termination of the Agreement and any remedy consistent
with United States copyright laws or applicable licensing restrictions.
F. Notices. All notices required or permitted under this Agreement shall be
in writing and delivered personally, by facsimile, by email or by first class certified mail,
return receipt. If delivered personally, notice shall be deemed given when actually
received. If delivered by facsimile or email, notice shall be deemed given upon full
transmission of such notice and confirmation of receipt during regular business hours. If
delivered by mail, notice shall be deemed given at the date and time indicated on the
return receipt. Notices shall be delivered to:
Ifto SIPA:
Statewide Internet Portal Authority
Attn: Briana Milligan
1300 Broadway, Suite 11010
Denver, CO 80203
Phone: (720) 409-5634
Fax: (720) 409-5642
Email: Briana@cosipa.gov
Ifto EGE:
City of Englewood
Attn: JefIKonishi
Street Address: 1000 Englewood Pkwy
City, State, Zip: Englewood, Colorado 80110
Phone: 303-762-2300
Fax:
Email: jkonishi@englewoodgov.org
And to other address or addresses as the parties may designate in writing.
G. Employee Financial Interest. The signatories aver that to their knowledge,
no employee of the State of Colorado has any personal or beneficial interest whatsoever
in the service or property described herein.
H. Disputes. Any failure of either Party to perform in accordance with the
terms of this Agreement shall constitute a breach of the Agreement. Any dispute
concerning the performance of this Agreement which cannot be resolved at the
operational level shall be referred to superior management and staff designated by each
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1300 Broadway, Suite 1101 ■ Denver, CO 80203 ■ Ph: 720-409•5634 ■ Fax: 720-409•5642 ■ sipa@cosipa.gov
Party. Failing resolution at this level, EGE may ask the SIPA Board of Directors to
address the dispute. If the dispute is not resolved after reference to the SIP A Board of
Directors, the Parties may use whatever procedures may be available, including but not
limited to termination of the Agreement.
This Agreement is entered into as of the day and year set forth above.
John D. Conley, Executive Director
Statewide Internet Portal Authority
Name: Mayor Randy Penn
Title: Mayor
Entity: City of Englewood
Date: ------
Date: _____ _
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12/18113 2013 SIPA Mlcri>Grant AppllcaUon
2013 SIPA Micro-Grant Application
* Required
Requested Services and/or Equipment
Grant request type •
O SeNces
0 Equlpment
@ Both
If requesting services, describe the type of services. •
Please write "none" if sen.foes are not being requested
Professional seNces are necessary to migrate firewall policy's.
If requesting equipment, provide a list of equipment needed, Including high-level
specifications and price quotes, and conflnn and detail how the equipment will be
maintained *
Please write "none" if equipment is not being requested.
2 x Cisco ASA 5515 Firewalls $6,154.50
Equipment will be maintained by annual Cisco Smart Net
Project type *
@ Internal-This project would impact Internal staff and/or operations.
O External-This project would Impact clients or populatlon(s) sen.ed by the requesting organization.
Total grant funding amount requested and whether other flnanclal assistance Is needed to
complete the project. •
12/18113 2013 SIPAMlcro-Gnrt Appllcatlon
2013 SIPA Micro-Grant Application
* Required
Project Description and Outcomes
Problem or situation to be addressed *
Please describe the problem or situation this program will address and why the organization is unable
to fulfill this .need independently.
Outdated firewalls. With receipt of grant funds the City will be able to
redirect cost sa\1ngs to other cyber security lnltlatlws.
Who Is the affected population? *
General Public, Staff, Teachers, etc.
, IAII City of Englewood Emil
What Is the size of the affected population? *
Please pro\1de a range such as 10-100 or over 5,000.
jo.er1 .ooo I
What key objectives does your organization aim to achieve by receiving this grant? *
We will update our outdated firewalls which will ensure current
Infrastructure standards \18 internet security protocols allowing us to
better monitor our internet traffic and mediate any security threats .
.I,
Description of the Impact of the grant *
Describe potential impacts of the grant in areas such as: traffic reduction, financial benefit, financial
burden relief, staff time reduction, or process hours saved.
Ha\1ng a new firewall in place will offset existing monitoring tools
annual cost of approximately $30,000.
1':l118/13
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2013 SlPA Micro-Grant Application
2013 SIPA Micro-Grant Application
• Required
Requesting Organization and Contact Information
Name of Requesting Organization •
lcity of Englewood !
Organization Website *
lwww.englewoodgov.org I
Organization Physical Address •
j1000 Englewood Parkway !
Name of single point of contact for the appllcatlon and contact Information, Including emall
address, phone number, and malling address*
Jeff Konishi
Director, Information Technology
1000 Englewood Parkway
Englewood, CO 80110
Direct: 303-762-2388
Email: jkonishi@englewoodgov.org
If different from the applicant above, name of single point of contact for the project
requested, and contact information Including emall address, phone number, and mailing
address
n/a
Organization Type *
O State Agency
O School District
O Special Purpose Authority
@ Municipality
O County Gowmment
O Other
12/18113 2013 SIPA Micro-Grant Appllcatlon
2013 SIPA Micro-Grant Application
* Required
Additional Background Information
If awarded Is your organization able to receive the funds? (Note this Is not applicable to
cyber security assessments).*
If not, or if the applicant has any doubt regarding accepting a grant, the organization must pro'.1de a
plan outlined and approved by the necessary parties, including the names, email addresses, and
phone numbers of those necessary parties. This plan will only be accepted as part of the application
process.
Yes
Has your organization applied for and been awarded a grant In the past through SIPA? *
0 Yes
@No
Is your organization submitting more than one appllcatlon requesting a cyber security
assessment or funding for services and/or equipment? •
O Yes
@No
If your organization Is submitting more than one application, are the projects separate and
distinctly different from each other?•
If only submitting one application, answer N/A.
O Yes
0 No
@NIA
If applying for more than one grant award please prioritize the multiple application forms
with a short description to differentiate each. •
Note: You must complete the grant application form for each request. If an entity submits more than
one request per form all requests will be disqualified. If only submitting one application, answer NIA .
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• ~2/18.'13 2013 SIPA Mlcro-Grart Application
2013 SIPA Micro-Grant Application
Please complete this onllne application for grant assistance from the Colorado Statewide Internet
Portal Authority. Detailed information about grant criteria and qualifications can be found at
www.colorado.gQM'sipa.
SIPA does not sava a copy of each indi'Adual EGE's application form . If an EGE wishes to sava a
copy of its application, the EGE should consider creating a separate document for the EGE's
records.
• Required
Has the applicant read the Micro-Grant criteria provided by SIPA? *
® Yes
Q No
Is the applying organization a Colorado Eligible Governmental Entity?•
A Colorado EGE is a State Agency, School District, Special Purpose Authority, Municipality, or
County Government.
® Yes
0 No
Does the applicant have a signed Eligible Governmental Entity Agreement with SIPA, and If
not does the applicant certify one will be completed by the grant award date? •
@ Yes
Q No
If grant funding Is approved, will this request Increase or enhance the adoption of e-
Government cyber security Initiatives and/or a-Government services by placing more
Information or services onllne? •
@Yes
Q No
Is the project requested sustainable and does the applicant commit to making staff available
for planning purposes and associated deliverables?*
® Yes
Q No
Is the person signing this application an Individual with authority to commit the
organization? *
® Yes
Q No
Was "Yes" the response to each of the questions above?*
@ Yes
12/1&'13 2013 SIPA Miao-Grant Appllcallon
2013 SIPA Micro-Grant Application
* Required
Use Certification
Do you agree, by completing this application, to use any cyber security assessments or
funds awarded for the purposes described In this application and that the responslbfllty for
appropriate disbursement of these funds Is the organization's responslblllty? •
If it is determined by SIPA or any other source that the funds ha\le been disbursed for other purposes
SIPA has the right to request the return of said funds and the awarded organization shall comply with
such a request.
@Yes
Q No
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2013 SIPAMlcr~Grant Appl lcat!on
2013 SIPA Micro-Grant Application
• Required
Responsibility Certification
Do you understand that once the grants for cyber security assessments or funds for services
and/or equipment are awarded and disbursed SIPA holds no further responslblllty (flnanclal
or otherwise} to the organization.*
@Yes
Q No
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12/18/13 2013 SIPA Micro-Grant Appllcallon
2013 SIPA Micro-Grant Application
• Required
Press Release Certification
By selecting YES to this Item you are acknowledging and agreeing to allow SIPA to use
your organization's name and related grant Information In press releases. "
An organization applying for a grant must appro\-8 the use of their name for media purposes.
@Yes
Q No
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2013 SIPA Micro-Gran Application
2013 SIPA Micro-Grant Application
* Required
Update Report Certification
Does your organization agree, If awarded a grant, to submit to SIPA by July 15, 2014, a one
(1) page update on how the grant has solved the problem or situation to be addressed,
Impacted your organization's citizens, key objectives your organization has achieved with
the grant, how the grant has aided your organization's operations, and/or the progress of
the grant Implementation received through SIPA? *
The grant implementation does not need to be completed by July 15, 2014, but your organization
must proi.4de SIPA an update on the progress . SIPA will make available an online form for the
submission of this infonnation.
® Yes
QNo
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. . . .
-COUNCIL COMMUNICATION
Date: January 6, 2014 Agenda Item: Subject: Application for and acceptance of
11 a i grant funds from the State of Colorado
Internet Portal Authority for the
Englewood Information Technology
Department.
Initiated By: Information Technology Staff Source: Jeff Konishi, Director -Information
Technology
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
N/A.
RECOMMENDED ACTION
• The Information Technology Department requests that Council approve a bill for an ordinance authorizing
the application for, and acceptance of, a grant from the Colorado State Internet Portal Authority for an
amount not to exceed $6,500. These funds will be designated solely for the purchase of a firewall to help
protect City assets and protect against cyber attacks.
•
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The State of Colorado -Statewide Internet Portal Authority {SIPA) provides a grant program to accelerate
the adoption of electronic government services and to promote the protection for cyber security for any
state or local government in Colorado. Grant funding is available for equipment, systems, services, project
planning, and implementation of products or services within the scope of the grant parameters. Grants will
be awarded on February 7, 2014
FINANCIAL IMPACT
The grant stipulates that these funds will supplement budgeted funding from local sources, so there will be
no cost or savings for the City. There is no requirement for additional matching funds.
LIST OF ATTACHMENTS
Proposed Bill for an Ordinance