HomeMy WebLinkAboutR-95-0211J-95-199
3I1I96
RCN NO. 9 5 - 211
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W ERMS , the Comprehensive Citywide Commercial Rehabilitation Facade
Treatment Program (the "Program") was approved in the fourteenth (14th) year
Community Development Blcck Grant Application by Resolution 88-384; and.
WHEREAS, the Program is designed to promote economic revitalization in
the neighborhoods of the City of Miami and accordingly is an important part of
the City's economic development strategy; and
WHEREAS, funds for the Program axe allocated from Community Development
Block Grant Funds up to the amount specified; and
WHEREAS, the properties to be rehabilitated pursuant to the Program are
located within the Downtown and Allapattah target areas; and.
WHEREAS, eligibility for assistance under the Program is based on a 70Y6-
30% match, with the City providing 7M, and the business or property owner,
30%of the cost of rehabilitation which shall not exceed the total amount of
two thousand dollars ($2,000) per participating business.
ATTACH111AEN1T (S)
CON, 1AINED
CITY Co3vIIv[TSSIOK
NEETU,TG OF
Resolution No.
95- 211
WHEREAS, the properties to be rehabilitated have been reviewed by the
City of Miami Department of Community Development, the Downtown Service
Center, the Allapattah Service Center, the Downtown Miami. Partnership, and the
Allapattah Business Development Authority, Inc., and have been found to be
eligible for the Program; and
WHEREAS, Downtown Miami Partnership, Inc. ("DMP") and A11apattah
Business Development Authority, Inc. ("A DA") have the necessary expertise and
are willing
to provide the services necessary
for the
implementation of the
Program
and the disbursement of funds
allocated
to the participating
businesses located in the Downtown and Allapattah target areas, respectively;
ONN; rr��
Section 1. The recitals and findings set forth in the Preamble to this
Resolution are hereby adopted by reference thereto and incorporated herein as
if fully set forth in this Section.
Section 2. Forty -Six Thousand. Two Hundred Dollars ($46,200.00) of
Community Development Block Grant Funds are hereby allocated for the purpose
of implementing a comprehensive commercial facade exterior rehabilitation
program for a total of 33 businesses, with $23,800.00 being allocated to
Downtown Miami. Partnership for the rehabilitation of 17 businesses and
$22,400.00 to Allapattah Business Development Authority, Inc. for the
rehabilitation of 16 businesses.
Section 3. The financial assistance to be provided by the City under
this program sha11 be based on a 70%-30% match, with the City contriutimg up
to $1,400 per participating business and, the business or property owner
contributing up to $600.
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Section 4. The City Manages is hereby authorized to enter into an
agreement with DMP and ABDA, in substantially the form attached hereto, for
the coordination and implementation of the program for the participating
businesses Located within their respective target areas.
Section 5. Upon completion of the rehabilitation program, the Downtown
Miami. Partnership and Allapattah Business Development Authority, Inc. shall
present to the City of Miami Department of Community Development all
documentation and invoices generated by, or pertaining to, their respective
projects.
Section 6. This Resolution shall become effective immediately upon its
adoption.
PASSED AND ADOPTED this 9th day of March 1995.
P. MAYOR
�1' ',I 1�1 • •• I �i •' 1 fly
-3-
95- 211
B=FrARY PEaEW'
A
N.
DID
OgSlet-o&:M4966
-4-
95-- 211
C:iTY OF MIAMI, FLORIDA
COMMERCIAL FACADE REHABILITATION PROGRAM
AGRLEMENT
This Agreement entered into' this day of
-. ----- _...-______---.---------- -----' f j 7 � , by anu between the City of
Miami, a municipal corporation of the State of Florida, (the
"CITY"), and the Downtown Miami Partnurship, a Florida not -for -
profit corporation ("DMP"), and the Allapattah Business
Development Authority, Ins,., a Florida nut -for -profit corporation
("ABDA"). DMP and ABDA are sometimes referred to herein,
collectively as thu "SUBRECIPIENTS" au indi.vidu.11y, as the
"SUBRECIPIENT".
W I T N E S S E T H
WHEREAS, the Citywide Comprehensive Commercial Facade
Rehabilitation Program (tti: "Program") was approved in the
Fou-teenth (14th) Year Community Development Block Grant
Application by ResoluGion No. $6-364; and
WHEREAS, the Program is designed to promote economic
revitalization in targeted neighborhoods of the City of Miami and
accordingly is an important part of the City's development; and
WHEREAS, DMP has inspected , approved and submitted to the
City seventeen (1Y) businesses located within the downtown area
(the "DMP businesses) and ABDA h•.:s inspected, approved anu
submitted to the City sixteen (16) businesses located within the
Allapattah area (tilie "ABDA businesses") as eligible businesses
for participation in the Program; and
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WHEREAS, the Ciuy Commission, by Resolution No.
approved the allocation of $46,200.00 of Community Development
Block Grant Funds for the rehabilitation of the DMP businesses
and the ABDA businesses (collectively, the "participating
businesses") under the Program, and authorized the City Manager
to execute an agreement with DMP and ABDA to coordinate the
implementation of the Program and the disbursement of funds for
each participating business under their respective jurisdictions;
WHEREAS, the DMP businesses have been allocated the sum of
$23,800 and the ABDA businesses have been allocated the sum of
$22,400, to bc disburses by DMP and ABDA in accordance with this
agreement;
NOW, THEREFORE, in consideration of tht; promises and the
mutual covenants and obligations herein contained, and subject to
tiie terms and conditions hereinafter stated, the parties hereto
understand and agree as follows:
ARTICLE I
PROCEDURES
1.1 CONTRACT AMOUNT
Th,t City shall make available to DMP the toi.aI sum of
and to ABDA the total sum of
$ , to be disbursed by each SUBRECIPIENT iri
accordance with the terms and conditions of the Policies and
Pruuedur,.s Manual for the Program rind as set forth herein.
1.2 TERM
Thu t,:rm of this Agreement
t0
shall be from
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Upon
414r
tk�riniilation of this Agreement, earn SUBRECIPIENT agrees and
understands that the CITY has no obligation to renew this
Agreement.
1.3 POLICIES AND PROCEDURES MANUAL
Each SUBRECIPIENT acknowledges receipt of the Policies and
Procedures Manual for the Commercial Facade Improvement
Program, certifies tnat- it is familiar with provisions
thereof and agrees to comply with all of its terms and
corndition and to accept it as the offici.l document which
outlines the fiscal, administrative and Federal guidelines
and which sh.,11 rebul.iLe the us : and disbursement of funds
under the Program. The Policies and Procedures Manual is
aLLachud heretu and made a part of this Agreement.
1.4 BONDING AND INSURANCE
1. During the term of this Agrcemerit, the SUBRECIPIENT shall
maintain insurance and bonding coverages in amounts
acceptable to the City c)f Miurni De;jartment of Risk
Management. Whenever applicable the City shall be named
as an additional insured.
2. During the ter -in of this Agreement, the SUBREGIPIENT shall
verify and obtain documentary evidence that all
cuntractors participating in the facade improvements
maintain appropriate general liability insurance coverage
prior to the commencement. of work. The amount of
insurance coverage shall be determined by the Insurance
Courdinator of the City of Miami. Coaipl,.arnue with the
foregoing requirements shall not relieve the SUBRECIPIEN'T
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of its livability and obligations under this section or
under any other section of this Agreement.
1.5 LEVEL OF SERVICE
Should start-up time for a program be required or any delays
in the execution of the work by the contractor occur, the
Department of Community Development is to be notified in
writing immediately, giving all pertinent details and
indicating wtien work shall begin and will continue.
1.6 OTHER PROGRAM REQUIREMENTS
(a) Each SUBRECIPIENT ru-presants and warrants to City that
the Work Program shall be carried out in compliance with all
Federal laws ana regulations describes in Cir.:ulurs A-110,
A-122, and A-133. (Rules and Regulations for Community
Development Block Granc SubrecipLeu,$). it is agreed that
SUBRECIPIENT shall not assume the CITY's environmental
responsibilities described at 24 CVR 570.604 of the CDBG
Program regulations, and the CITY's responsibility for
initiating th.: revi.:w process under Exe.:utive Order 12.>72
(Rules and Regulations for Community Development Block Grant
Subrecipients).
(b) Ali contractor6 hired to perform services or provide
materials under the Program shall be selected in accordance
with Uffiee of Manabe►aeiit and Budget, Circular No. A-110 and
will file, if applicable, IRS Form 1099 with persons
providing consultant services in excess of $400.00.
(c) All contractors hired under this Agreement shall be
prohibited froiu using lead -based pairs'; in structures
rehabilitated with CDBG monies.
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1.7 REPORTS, AUUlTS_AND _EVALUATIONa
It is agreed tnat the SUBRECIPIENT sh�il comply with the
Federal Directive required by the U.S. Department of Housing
and Uruan Development (USHUD) to document that program
activities are provided for the benefit of low to moderate
income persons. In accordance with th:: C o u e of Federal
Regulations 24 CFR Part 570.506, records shall be maintained
for each activity to determine that services benefit low and
moderate income persons.
At the, request of the C-TY, SUBRECIPIENT s'riall transmit to
CITY written statements of SUBRECIPIENT'S official policy on
specified issues re.Lai.ing uo SUBRECIPIENT'S activities.
CITY may carry out monitoring and evaluation activities,
includl.ng visits and obsurvat-iorns by CITY staff;
SUBRECIPIENT shall ensure the cooperation of its employees
and Board meurbers in such zfforts. any inconsistent,
incomplete, or inadequate information either received by the
CITY o: obtained through monitoring and evaluation by the
CITY, shall constitute good cause for the CITY to terminate
this Agreeraernt at any time thereaftLr.
ARTICLE II
SCOPE OF SERVICES
2.1 SUBRECIPIENT Shull coordinate and oversee the
implementatiuon of the Program for the participating
businesses and shall be responsible for, and ens;Are that if
the project is carried out in a lawful, satisfactory and
proper marrnc:r acid in accordance with th.: Po;.icic-,s and
Procedures Manual. 9 C_ 211
11
2.2 Thy: SUBRECIPIENT will notify businesses in the identified
deteriorated areas of the target area's commercial
corridors, and businesses with blighr.eu storefront buildings
in the rest of the target area of the availability of the
Program.
2.3 The SUBRECIPIENT will develop a priority list of buildings
to be improved in coordination with the Neighborhood
Enhancement Team (N.E.T.) for Downtown and Aliaputtah.
2.4 The SUBRECIPIENT shall enter into a commercial facade
rdhabilituuion agreement w i u h each participatinb business
provided that SUBRECIPIENT has received, (1) approval by the
Department of Community L'evelopmenL, (2) a check from the
participating business for 30% of the work to be performed
Which represen�,s its mau,- hing contribution under the
Program, but not to exceed $600.00. This payment must be
made by money order or cashier chuck only. The agreernerit
between SUBRECIPIENT and the participating business shall
saute cl e a r i y what the funds provided by City under the
program represent 70;6 of the rest of the work (but no more
than $ ) and fundinb thereof is contingent, among
other things, upon the business/property owner's matching
contribution of 30%.
2.5 The SUBRECIPIENT shall advertise for bid tht; work to be
done, (a minimum of two bids is required), which shall
inulud,� City's paint specif-cations and guarantees and
insurance guidelines. SUBRECIPIENT and the
business/property owner will select the lowest bid and/or
the best offer. 95- 211
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2.6 TI7:: SUBRECIPIENT will inform thu Deparumernt of Community
Development when the work is completed for inspection and
approval. A pi-:.ture of each business (btfor and after)
must be obtained by the Neighborhood Enhancement Team (NET)
Office.
2.'I Upon completLon of the work, the SUBRECIPIENT shuli obuain a
Certificate of Acceptance of Work, properly signed by:
a) Business/proptrty ownar
b) Community Based Urganization
c) Department of Cacumunity Development
d) Neighborhood Enhancement Team Representative
2.6 Within five (5) days after completion and approval of work
by the SUBRECIPIENT, the SUBRECIPIENT shall submit to the
Dcp,rtmerit of Comaiuni�.y DeveioNmen', a request for- payment,
accompanied by all invoices and other documentation in
support thereof, all as approved by SUBRE�:iPIEN`1'.
2.9 The SUBRECIPIENT will be required to open and maintain a
separate chuckirie, account for the re,:iept and disbursemet;t
of all funds during the term of this Agreement.
2.10 The Department of Community Development will monitor the
fiscal and programmatic operations of the Program every
quarter. Tha SUBRECIPi:ENi snail make available 11
financial records as well as operational documents. Said
right shall exist during the pe!•iod of this Agreement and
for a period of three (3) years following the expiration of
the term hereof.
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2.1i Th.- SUBRECIPIENT is required to exccut-e this Agreement
within thirty (30) days after receipt from the Department of
Community Development-. Failure to do so may result in its
cancellation.
2.12 The following services will be allowed under the auspices of
the Commercial Facade Treatment Program.
1. Painting (includ,: pressur:: cleanine,, caulking, etc.)
2. Signage
3. Awning
4. Door
5. store Show Case Window
6. Shutter
2.1., The SUBRECIPIENT agree that no funds altocc.Ited under this
Agreement shall go toward the payment of administrative
cost,.
2.14 If the service contracted (awning, sign or shutter) requires
a deposit, said deposit shall be paid by the property owner
and the amount thereof shall be deCucted from the amourni, of
its matching contribution.
AhTiCLE III,
FUNDING
3.1 FUNDING
CITY shall make uvail�tble to bouh SUBRECIPIENTS the sum of
$46,200 as maximum compensation for the work provided
pursuant to Resoluuion No. Said amount shall
be allocated to each SUBRECIPIENT as set forth in Section
1.1 above.
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3.2 AUbIr RIGHTS
CI'1Y reaerves the right to audit the records of
SUBRECIPIENT at any time during the performance of this
Agreement and for a period of three years after final
payment is made under this Agreement. SUBRECIPIENT agrees
to provide all ,i'inun ia1 and other applicable records and
documentation of worked performed to CITY.
3.3 COUTINGENCY CLAU6E
Funding for this Agreement is ;ontingunt on the avaii�bility
of funds and continued authorization for program activities
and is subject to amendment. or termination flue to la,.k of
funds or authorization, reduction of funds, and/or change in
re6ulutlons.
,.4 SEPARATION OF CHURCH/STATE
In accordance with First Amendment Church/StaLe principles,
CD13G assistance may not be used for religious activities or
provided to Nri.marily re-igious entities for any activities,
including similar activities, as directed by 24 CFR
570.200(j). rUBRECIPIENT shall comply with this provision
when entering into subcontracts.
ARTICLE IV
GENERAL REQUIREMENTS
4.1 INDEMNIFICATION
Each SUBRECIPIENT shall indemnify, pay on behalf of, and
save CITY harmless from and against any and all claims,
liabilities, losses, and causes of c,etion which cnay arise
out of SUBRECIPIENT'S activities under this Agreement,
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including ail acts or omissions to act on the: part of
SUBRECIPIENT, participating businesses and any person acting
for or on its behi.,lf; from and against any relevant oruers,
judgements, or decrees which may be entered against the
CITY; anu 'liabilities incurred by the CITY in the defense of
any such claims or in the investigation thereof.
4.2 AMENDMENTS
No amendments to this Abr:;emeat shall be binding on either
party unless in writing and signed by both parties.
4.3 OWNERSHIP OF DOCUMENI'S
All documents developed by SUBRE�lIVII;NT or at SUBRECiP1ENTS
request pursuant to this Agreement shall be delivered to
CITY by said SUBRECIPIENT' upon completion of the services
comtemplated by this Agreement and shall become the property
of CI'iY, without restri--tion or i i m i I a t i o n on its use.
SUBRECIPIENT agrees that all documents maintained and
generated pursuant to this Agreement sha-..'1 be subject to all
provisions of the Public Records Law, Chapter 119, Florida
Statutes.
It is further understood by and be,:weeu the parties that
any document which is given by CITY to SUBRECIPIENT pursuant
to this Agreement shu-1 at all time rernain the property of
CITY and shall not be used by SUBRECIPIENT for any other
purposes whatsoever without the written consent of CITY.
4.4 AWARD OF AGREEMENT
SUBRECIPIENT warracits that it has not employed or retained
any person employed by the CITY to solicit or secure this
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AL),eem: nL and thai, iU h a o not of f eyed t-o pay, paid, or
agreed to pay any person employed by the CITY any fee,
commission percentage, brokerage fee, or gift of any kind
contingent upon or resulting from the award of this
Agreement.
4.5 NUN-DELEGABILITY
The obligations undertakeu by the SUBRECIPIENT pursuant to
this Agreement shall not be delegated or assigned to any
other person ur firm without the: CITY'S prior written
consent.
4.6 CONSTRUCTION OF AGREEMENT
This Agreement shall be construed and enforced according;
with all applicable laws, ordinances and codes of federal,
state and local governments.
4.7 OBLIGATION TO RENEW
Upon expir-tion of the term of thi6 Agreement, SUBRECIPIENT
agrees and understands that CITY has no obligation to renew
this Agreement.
4.6 TERMINATION OF CONTRACT
CITY retains thy: right to terwiriute this Agreement at any
time without penalty to CITY. In that event, the City shall
give written notice of i.ermination to SUBRECIPIENT, who
shall be paid for work performed prior to the date of its
receipt to the notice of termination. In no uase, however,
shall CITY pay SUBRECIPIENT an amount in excess of the total
sum provid:.d by this Agreement.
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4.9
It is hereby understood by and be:.wE n CITY and SUBRECIPIENT
that any payment made in accordance with this Section shall
be made only if no default has occurred in the performance
of this Agreement. If' SUBRECIPIENT is in default;, or if the
work contemplated hereunder is not being performed in
accordance with the provisions hereof, the CITY shall in no
way be obligated and shall not pay to SUBRECIPIENT any sum
whatsoever.
It is also understood that in accordance with 24 CFR 85.4:)-
44 of the CDBG rules and regulations, suspension or
terminac.ion may occur if jUBRECIPIENT fails to comply with
any term of this Agreement, or if the CITY deems it
convenient to terininute it.
GENERAL CONDITIONS:
A. All notices or other communic•tiuns which shall or may be
given pursuant to this Agreement shall be in writing and
shaa.l be delivered by personal service, or by registered
mail addressed to the party at the address indicated
herein or as the same may be chL;rnged from time to time.
Such notice shall be deemed given on the day on which
personally served; or, if by mail, on the fifth day after
being posted or the date of actual receipt, whichever is
earlier.
CITY OF MIAMI
DEPARTMENT OF COMMUNITY DEVELOPMENT
30U BISCAYNE BLVD. WAY
SUITE 420
MIAM1, FL -53 13 1 95-- 211
G
-`i
ABDA: DMP.
ALLAPATTAH BUSINESS DEVELOP— DOWNTOWN MIAMI PARTNERSHIP
MENT AUTHORITY, INC. 25 S.E. 2nd Ave.
2515 N.W. 20th St. Suite 825
Suite 2A Miami, FL _)31,51
Miami, FL 3j142 Attn:
Attn:
B. Title and paragraph headings are for convenient reference
and are not a part of this Agreement.
C. In the event of conflict between the terms of this
Agreement and any terms or conditions contained in any
atL,.iched documents, the terms of this Agreement shall
rule.
D. No waiver or breach of any provision of this Agreement
shall constitute a waiver of any subsequent breach of the
sam.: or any other provision hereof, and no waiver shall
be effective unless made in writing.
E. Should any provision, paragr�iph, sentence, word or phrase
contained in this Agreement be determined by a court of
compel.nt jurisdiction to be invalid, iliegai or
otherwise unenforceable under the laws of the State of
Florida or- th:: City of Miami, then such provision,
paragraph, sentence, word, or phrase shall be deemed
modified to the extent necessary in order to conform with
such laws, or if not modifiable to conform with such
laws, then same shall be deemed severable, and in either
event, the remaining terms and provisions of this
Agreement shill remain unmodii'iad and in full force and
effect.
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4.13 INDEPENDENT CONTRaC'TUR:
The SUBRECIPIENT and its employt�es and agents shall be
deemed to be independent contractors, and not agents or
employees of CITY, and shall not attain any ri6h-L,s or
benefits under the Civil Service or Pension Ordinances of
the CITY, or any rights generally afforded classified or
unclassified employees; further he/she shall not be deemed
entitled to the Florida Workers' Compensation benefits as an
employee of the CITY.
i4. 1 1 SUCCES60RS_ AND _ASSIGNS: This Agreement shall be binding
upon the parties hereto, and their respective heirs,
executors, legal representatives, successors, and assigns.
ARTICLE V
CONFLICT OF IN'TERE.)T:
The SUBRECIPlENT i6 aware of the conflict of interest laws
of the City of Miami (City of Miami Code Chapter 2, Article
V), Dads CounLy Florida (Dade County Se,:tion 2-11.1) and the
State of Florida, and agrees that it will fully comply in
all respects wi�.h the terms of said laws. The SUBRECiPIENT
covenants that no person under its employ who presently
exercises any functions or responsibilities in connection
with this Agreement has any personal financial interests,
direct or indirect:, in thL6 Agreement. The SUBRECIPIENT
further covenants that, in the performance of this
Agreement, no person having such conflicting interest shall
be employed. Any such interest on the part of the
SUBRECIP :EN'T or its employe :s, must be disclosed in writing
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to the CITY. The SUBRECIPIENT, in the performance of this
Agreement, shall be subject to the more restrict law and/or
guidelines re6arding conflict of interest promulgated by
federal, state or local government.
ARTICLE V1
NONDISCRIMINATION:
6.1 The SUBRECIPIENT agrees that it shall not discriminate as to
race, sex, color, rel:igicn, age, natiunal origin, handicap, ,
or marital status in connection with its performance under
this Agreement. Furthermore, that no otherwise yualifi,;d
individual shall, solely by reason of his/her race, sex,
color, religion, age, r►ai ionL:l origin, handicap, or marital
status be excluded from the participation in, be denied
ben::fits of, or be subjected to discrimination under any
program or activity receiving federal financial assistance.
ARTICLE V11
ASSURANCES AND CERTIFICATIONS:
7.1 The SUBRECIPIENT assures and certifies that:
a)All expenditures of funds will be iiiade in accordance with
the stated budget allocation as approved by the City
Coiamission.
b)C.LTY funds wiil not be co —mingled wi.:h any other funds and
that separate bank accounts and accounting records will be
rnairitained.
c)Th<: expenditures of CI'T'Y funds wiii be properly documented
and such documentation will be maintained.
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d)Periodic progross rallorLs as requested by the CITY will be
provided.
e)Th;-- SUBRECIP.LEN'1 will be personally liable for any CITY
funds expended that were not consistent with the program
approved by the City Commission or any funds expended riot
in accordance with proper accounting standards as
determined by competent auditing authority.
f)No activity under this Agreement shall involve politicai
activities.
g)The SUBRECIPIENT possesses lega.L authority to enter into
this Agreement; a resolution, motion or similar action has
been duly adopted or passed as an c)fficidl act of the
SUBRECIPIENT13 governing body, authorizing the execution
of this Agreement, including all understandings the person
identified as the official representative of the
SUhf(EGIPiENT to act in connection with the contractor and
to provide such additional information as may be required.
ARTICLE VIII
ENTIRE AGREEMENT:
8.1 This instrument and its attachments constitute the sole and
only agreement of the parties hereto rei.ting to the Program
and correctly set forth the rights, duties, and obligations
of each to the other as of its da;;e. Any prior agreements,
promises, negotiations, or representations not expressly set
forth in this Agreement are of no force or effect.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by the respective officials thereunto
duly authorized on the first date above written.
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ATTL:ST :
MATTY HIRAI
CITY CLERK
ATTEST:
CORPJRATE SECRETARY
ATTEST:
CORPORATE SECRETARY
CITY OF MIAMI, a Municipal
Corporation of the State of
Florida
BY:
— ---------------------
CESAR H. OD
CITY MANAGER
SUBRECIPIENT:
BY:
JU6j.E CORREA
EXECUTIVE DIRECTOR
(AFFIX SEAL)
SUBRECIPIENT:
BY:
RAFAEL CABEZAS—
EXECUTIVE DIRECTOR
(AFFIX SEAL)
APPROVED AS TO FORM AND CORRECTNESS:
A. QUINN JONES, II'1
CITY ATTORNEY
APPROVED AS TO INSURANCE REQUIREMENTS:
NL;URANCE COORDINATOR
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