HomeMy WebLinkAboutR-84-1281A
J-84-1077 o 1k
M-84-1166
84-1167
84-1168
84-1169
(10/10/84)
M-84-1254
(11/8/84)
RESOLUTION NO. 84-10L!81-
A RESOLUTION ESTABLISHING A "70%
RULE" REGARDING FESTIVAL OR SPE-
CIAL EVENT FUNDING, REQUIRING AT
IjEAST 70% OF PROPOSED EVENT ACTLV-
ITY 13E HELD WITHIN THE CITY OF
MIAMI CORPORATE LIMITS; ALLOCATING
FUNDS IN Aid AIMOUNT NOT TO EXCEED
$127,000 FROM THE GENERAL FUND,
SPECIAL PROGRAMS AND ACCOUNTS, IN
SUPPORT OF CERTAIN FESTIVALS AND
EVENTS, INCLUDING IN SAID ALLOCA-
TION $50, 000 FOR. THE MIAMI FILM
FESTIVAL, $20,000 FOR "FIESTA BY
THE BAY", $10,000 OF IN -KIND SER-
VICES FOR THE CUBAN MUNICIPALI-
TIES FAIR, $45,000 FOR THE SUN -
STREET FESTIVAL AND $2,00 FOR "TWO
PAINTERS, ONE ISLAND"; AUTHORIZING
THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY AND SUBSTAN-
TIALLY AS ATTACHED, WITH SAID
FESTIVALS/EVENTS COMMITTEES AND
ORGANIZATIONS, REGARDING TERMS
AND CONDITIONS UNDER WHICH THE
CITY WILL PROVIDE SAID FUNDING.
WHEREAS, the City Commission adopted Resolution No. 81-189
on March 17, 1981, establishing the City of Miami Festival Advi-
sory Committee; and
WHEREAS, the City of Miami Festival Advisory Committee was
established to make recommendations to the Commission concerning
City participation in festivals;
WHEREAS, the City Commission, authorized via Motion No. 84-
1116 dated October 10, 1984, the establishment of a "70% rule"
requiring at least 70% of proposed event activity be held within
the City of Miami corporate limits for those events requesting
City funding; and
WHEREAS, The City Commission authorized, via Motion No. 84-
1167, an allocation not to exceed $50,000 to the Film Society of
Miami, Inc., in connection with the Miami Film Festival; and
WHEREAS, the City Commission authorized, via Motion No. 84-
1168, an allocation not to exceed $20,000 to the Latin Orange
Festival, Inc., for "Fiesta by the Bay"; and
CITY COMMISSION
MEETii': (` F
- 1 - NOV 8 19H
RLSOLUTIUji %J.�
REMARKS, __
authorized, via Motion No. 84-
WHEREAS, the city Commission autl
1169, an allocation not to exceed $10,000 of in -kind services for
the Cuban Municipalities Fair; and
WHEREAS, the City Commission authorized, via Motion No. 84-
s.
1254, an allocation not to exceed $45,000 to the Sunstreet
Festival Committee, Inc. for the Sunstreet Festival; and
WHEREAS, the city Commission authorized, via Motion No. 84-
1254, an allocation not to exceed $2,000 to the Haitian Task
Force, Inc. for "Two Painters, One Island";
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. A "70% rule" regarding festival or special
events funding, requiring at least 70% of proposed event activity
be held within the City of Miami corporate limits, is hereby
established for immediate implementation.
Section 2. The below specified funds in a total amount not
to exceed $274,000 are hereby conditionally allocated from the
General Fund, Special Programs and Accounts, in support of the
following City sponsored festivals and events.
(A) The Film Society of Miami, Inc. is to be funded in an
amount not exceed $50,000 for the Miami Film Festival.
(B) The Latin Orange Festival, Inc. is to be funded in an
amount not to exceed $20,000 for inkind services for "Fiesta By
The Bay".
(C) The Cuban Municipalities Fair Corporation is to be
funded in an amount not to exceed $10,000 for in -kind services
for the Cuban Municipalities Fair..
(D) The Sunstreet Festival Committee, Inc. is to be funded
in an amount not exceed $45,000 for the Sunstreet Festival.
T1 in an
(E) The Haitian Task Force, Inc. is to be funded
amount not to exceed $2,000 for "Two Painters, One Island".
Section 3. The City Manager is hereby authorized to execute
an agreement, in a form acceptable to the City Attorney and
5.
substantially as attached, with festival and/or event committees
and organizations regarding the City's funding for each of the
above festivals and/or events.
2
84-1281
m,.
1
PASSED AND ADOPTED this 8th day of November , 1984.
s Maurice A. Ferre
OR
ATTEST:
LPH G. ONGIE, CITY CLERK
PREPARED AND APPROVED BY:
ROBERT F. CLARK
ASSISTANT CITY ATTORNEY
' APPROVED AS 1-91 FQJL4--)AND CORRECTNESS:
LUCIA A. DOUG.
CITY ATTORNEY
k 4•RV„
- 3 -
84-1281
CITY OF MIAMI. FLORIDA
47 INTER -OFFICE MEMORANDIJ"l 1,1�► .: J
COMMISSION ACTION
4 N 1!• 24
TO Howard V . Gary DATE. October 24, 1984 FILE:
City Manager
SUBJECT Resolution Approving
Ile Recommendation of Fes-
tival Advisory Committee
and Establishing? 70% Rule
FROMCarl Kern REFERENCES: November 8, 1984
Acting Director Commission Agenda
Department of Parks ENCLOSURES:
and Recreation
"It is recommended that the City of
Miami establish a "70% rule" regarding
festival or special event funding,
requiring at least 70% of proposed
event activity be held within the City
of Miami corporate limits; and that the
following festival funding allocations
be approved from the General Fund,
Special Programs and Accounts: The
Miami Film Festival, $50,000; the
Fiesta By The Bay, $20,000; the Cuban
w` Municipalities Fair, $10,000 of in -kind
services; and all remaining recommenda-
tions of the Festival Advisory Commit-
tee in compliance of the 70% rule,
totalling $274,000; and further author-
izing the City Manager to execute an
agreement with each organization re-
ceiving grant funds, as per the at-
tached resolution."
The City Commission, by Resolution No. 81-189 of March 17, 1981,
established the Festival Advisory Committee to make recommendations
regarding City participation in festivals.
In reviewing the thirty-two (32) applications submitted prior to the
July 31, 1984, deadline, the Festival Advisory committee recommended
twenty-four (24) events for funding. At their October 10, 1984,
meeting, the City Commission expressed intent on the following action
regarding the Festival Advisory Committee recommendations:
• Funding for (1) the Miami Film Festival, $50,000 (M-84-1167);
—= (2) Fiesta By The Bay, $20,000 (M-84-1168); and (3) the Cuban
Municipalities Fair, $10,000 of in -kind service (M-84-1169).
r;. 0 Establishing a "70% rule" for festival and special event fund-
ing, requiring at least 70% of the event activities to take
` place within the City of Miami corporate limits (M-84-1166).
}
�4 84-1281
W 0
Subsequent to the review of all applicants, as to the 70% rule, three
(3) were found to be in non-compliance; (1) the Haitian Task Force,
Inc., for Two Painters, One Island; (2) the Chopin Foundation of the
U.S., Inc.; and (3) the International Oceanographic Foundation,
"Bounty of the Sea" Food Festival.
It is, therefore, recommended the "70% rule" be established and that
all remaining funding recommendations of the Festival Advisory Com-
mitte, in compliance of this rule, be approved to include $50,000 for
the Miami Film Festival, $20,000 for the Fiesta By The Bay, and
$10,000 of in -kind services to the Cuban Municipalities Fair; thereby
increasing the total festival funding to $274,000, and that the City
Manager be authorized to enter into agreements with each grant recip-
ient.
KDH/mg
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84--1281
F.A.C. Amount ip
Funded Last Year Amount -
Event (R-84-166) Request
1. Goombay Festival
2. Las Fiestas Patronales
Puertorriquenas
3. The Miami Film Festival
4. Reencuentro Cubano 1985
5. Fiesta By the Bay
6. Sunstreet Festival
7. Carnaval Miami
8. Haitian Carnaval
9. Calle Ocho
10. Cuban Municipalities Fair
11. Coconut Grove Arts Festival
12. International Festival of
the Americas
13. Shakespeare Festival
14. St. Patrick's Day Parade
15. Japanese Spring Festival
16. 3 Kings Parade
17. Black Heritage Film Festival
18. Festival of Ethnic Theatre
19. Miami ?caves
20. Chopin Colony Players Fest.
21. Bounty of the Sea Food Fest.
22. Children's Ballet Festival
23. Two Painters, One Island
24. Italian Renaissance Fest.
25. Hispanic heritage Festival
26. Kwanza Festival
27. Miss Afro-American Pageant
28. Rythmn and Blues Festival
29. Miami Youth Festival
30. Spanish Children's Art Fest.
31. LULAC Convention
32. People Prix
$46,000
10,000 (R84-698)
6,200 (R84-705)
5,100 (R84-310)
15,000
20,000
40,000 (R83-970)
25,000
19,000
20,000
12,988 (R84-410)
15,000
NONE
NONE
15,000
NONE
NONE
NONE
3,000
2,000
3,000
2,000
3,000
NONE
NONE
10,000 (R83-971)
NONE
5,000 (R84-631)
NONE
NONE
NONE
NONE
NONE
s
$ 60, 000
50,000
50,000
25,000
80,000
45,000
45,000
128,045
55,000
10,000**
5,000*
33,200
25,000
31,000
33,750
10,000
30,000
18,417
60,000
60,000
5,000
10,000
19,475
16,400
15,000
25,000
112,040.85
47,500
400,000
30,000
8,300
50,000
20,000
F.A.C.
Recom-
mendation
$ 30,000*
25,000
50,000+
17,000
20,000++
15,000*
15,000*
15, 000*
12,000*
10,000+++
11,000*
10,000
10,000
10,000
5, 000**
2,000*
5,000*
3,000
3,000
3,000
NONE 1
NONE I
2,000
NONE 1
1,000
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
* In -Kind + M-84-1167
** Cash ++ M-84-1168
+++ M-84-1169
1. These events were found to be ineligible for funding by the
70% rule established by M-84-1166.
84-1281
�i
EVENTS WITHIN
FESTIVALS SITES CITY LIMITS (%)
Shakespeare Festival - Viscava 100%
City of Miami Parks
Centro for the Festival
Arts Downtown
St. Patrick's Day -
Biscayne Boulevard
100%
Parade
70 Flagler Street
Bayfront Park
Japanese Spring -
Japanese Gardens
100%
Festival
Watson Island
3 Kings Parade -
SW 8 St. 27 Avenue
100%
to 5 Avenue
Black Heritaa_e Film -
MDCC New World Campus
100%
Festival
Downtown Miami
Festival Ethnic
Theatre (Teatro Avante -
Koubek Center
100%
2705 SW 3 Street
Miami Waves -
MDCC NsT-w World Campus
100%
-
Downtown Miami
Chopin Festival -
Dade County Auditorium
20%
(One Concert)
Universitv of Miami
Gusman Hall (4 Concerts)
j
Bounty of Seafood -
Planet Ocean (2 Days)
0$
3979 Rickerbacker Cswy.
Children's Ballet -
Miami Senior High
100%
Festival
(3 performances)
-`
Two Painters, One -
Metropolitan Museum
0%
Island
of Arts Center of
Coral Gables
Italian Renaissance -
Viscaya (3 Days)
100%
Goombay Festival -
Coconut Grove
100%
Eff,
Puerto Rican Day -
Flagler Dog Track
100%
Roberto Clemente
Miami Film Festival -
Knight Centers (3)
100%
Gusman Hall (3)
Fiesta By the Bay
Bayfront Park
100$
Reencuentro Cubano -
Koubek Center
100$
2705 SW 3 Street
Sunstreet Festival -
Liberty City
100%
NW 54 St. to 71 St.
& 7 Ave. (2 Days)
Carnaval Miami -
Orange Bowl
100%
- .
Flagler & SW 1 St.
Haitian Carnaval -
Notre Dame
62 St. N. Miami Ave.
Calle Ocho -
S.W. 8 Street, between
100%
27 Avenue & 12 Avenue
Cuban Municipalities -
Flagler Dog Track
100%
Coconut Grove Arts _
Coconut Grove
100$
Festival
S. Bayshore Drive
a�
& McFarland Road
84--1281
FESTIVALS SITES
9
i
International Festival - 4 of 5 gated events will 80%
x'
of the Americas be held with City limits
at Dade County Audit.
Other 18 Free fringe events
will be held at Coral Gables
University of Miami
".'
2 Benefit event at South Miami
Methodic Church and the
Unitariam Church at C. G.
4'
Funds requested are to be used
only for the gated events.
Other fringe events are funded
by the University of Miami.
v
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84-1281
ON 0
AGREEMENT
This agreement entered into this day of ,
1984► by and between the City of Miami, a municipal corporation
of Dade County, Florida, hereinafter referred to as "CITY" and
hereinafter
referred to as "GRANTEE".
WHEREAS, the City Commission, by Resc.iuti.on
1'—F4, a11:,,-atc-.;
.not to exceed from Special Programs and Accounts, Quo
of Life Fund, to
in connection with ,
on ; and
WHEREAS, the City Commission by Resolution No. of
authorized the City Manager to enter into an
agreement with ;
NOW, THEREFORE, the City of Miami and
do mutually agree as follows:
1. TERM
The term of this Agreement shall be from 1984
through , 1984.
2. NON-EXCLUSIVE CONCESSION RIGHTS
A) CITY hereby grants to GRANTEE non-exclusive concession privi-
leges for a period of during
the hours of the scheduled Should
inclement weather or any unforeseen reason cause the rescheduling
of said event, the City Manager or his appointed designee shall
authorize approval for said rights to be in full force and effect
for the agreed upon rescheduled date.
3. GRANTEE AGREES
A) GRANTEE shall
B) GRANTEE shall
C) GRANTEE shall insure the safety and welfare of the
partici-pants and the attending crowds by securing the services
of the City's Police, Fire and Sanitation Departments in the
manner prescribed by said departments.
1
84-1281
D) GRANTEE shall obtain the necessary licenses and permits
as prescribed by City Code for this event.
E) GRANTEE shall list the City of Miami as a co-sponsor of
said event on all publicity releases.
j
F) GRANTEE shall provide a complete portfolio to the City of
Miami Department of Parks and Recreation of all press releases
completion of the event.
F) GRANTEE shall provide a certified statemen, to the :.
.of Miami Department of Parks and Recreation of revenues _...,.
expenditures related to said event within 30 days after the
completion of the event.
4. COMPENSATION '
A) CITY shall pay GRANTEE, as maximum compensation for the
services pursuant to Paragraph 2 hereof, $
8) Such grant shall be paid on the following bases:
(i)
C) The City of Miami Department of Parks and Recreation
shall handle payment to all City Departments for and on behalf of
#
GRANTEE to cover the cost of in -kind services delivered in con-
nection with the festival.
D) Such grant shall be paid in accordance with the approved
line item budget attached and incorporated as a part of this
Agreement.
E) CITY shall have the right to review and audit the time
records of GRANTEE pertaining to any payment by CITY.
5. TERMINATION OF CONTRACT
CITY retains the right to terminate this Agreement at any
time prior to the completion of the services without penalty to
CITY. In that event, notice of termination of this Agreement
shall be in writing to GRANTEE who shall be paid for expenses
incurred prior to the date of the receipt of the notice of termi-
nation. In no case, however, will CITY pay GRANTEE an amount in
'
excess of the total grant provided by this Agreement.
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2
84-1281
aiN t
It is hereby understood by and between CITY and GRANTEE that
any payments made in accordance with this Section to GRANTEE
shall be made only if said GRANTEE is not in default under the
terms
of
this
Agreement.
If GRANTEE
is
in
default, then CITY
shall
in
no way
be obligated
and shall
not.pay
to GRANTEE any sum
whatsoever.
A) All notices or other communications which shall or may be
given pursuant to this Agreement shall be in writing and shall be
uei.varaa oy personal services, �r by call
the other party at the address indicated herein or as the same
r
may be changed 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.
GRANTEE
address
city, state, zip code
CITY OF MIAMI - 2600 South Bayshore Drive
Miami, Florida 33133
B) Titles and paragraph headings are for convenient refer-
ence and are not a part of this Agreement.
C) In the event of conflict between the terms of this Agree-
ment and any terms or conditions contained in documents, the
terms in this Agreement shall rule.
D) Should any provisions, paragraphs, sentences, words or phrases
contained in this Agreement be determined by a court of competent
jurisdiction to be invalid, illegal or otherwise unenforceable
under the laws of the State of Florida, such provisions, para-
graphs, sentences, words or phrases 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 the same shall be
deemed severable and in either event the remaining terms and
provisions of this Agreement shall remain unmodified and in full
force and effect.
K
84-1281
7. AWARD OF AGREEMENT
GRANTEE warrants that it has not employed or retained any
person employed by CITY to solicit or secure this Agreement and
that it has not offered to pay, paid, or agreed to pay any person
employed by CITY any fee, commission, percentage, brokerage fee,
or gifts of any kind contingent upon or resulting from the award
of this Agreement.
8. NON-DELEGABILITY
The obligations undertaken by GRANTEE pursuant to this
Agreement shall not be delegated to any other person or _..
unless CITY shall first qpnsent in writing to the performance
ofsuch services or any part thereof by another person or firm.
9. CONSTRUCTION OF AGREEMENT
This Agreement shall be construed and enforced according to
the laws of the State of Florida.
10.SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the parties herein,
}
their heirs, executors, legal representatives, successors, and
} assigns.
11. AUDIT RIGHTS
A) GRANTEE shall provide CITY with a letter from an inde-
pendent Certified Public Accountant (C.P.A.) which establishes
that GRANTEE'S internal controls are adequate to safeguard
itsassets and property record funds. CITY will not release any
funds to GRANTEE prior to the receipt of this letter.
B) CITY reserves the right to audit the records of GRANTEE
at any time during the performance of this Agreement and for a
period of three years after final payment is made under this
Agreement.
C) CITY will audit all GRANTEES receiving $15,000 or more.
D) All GRANTEES receiving $25,000 or more agree to submit to
the City of Miami Department of Parks and Recreation an independ-
ent audit, by a certified public accountant, which must include
the expression of an opinion on the financial statements and
accounts of funds. Said audit shall be submitted to the City of
Miami Department Parks and Recreation no later than 90 days after
84-1281
the termination of this Agreement or final receipt of CITY funds,
whichever is applicable.
12. INDEMNIFICATION
GRANTEE shall indemnify and save CITY harmless from and
against any and all claims, liabilities, losses, and cause of
action, which may arise out of GRANTEE'S activities under this
Agreement, including all other acts or ommissions to act on the
part of GRANTEE, including any person acting for or on his/her
behalf, and from and against any orders, judgments or decrees
which may be entered, and from and against any and all
attorney's fees, expenses and liabilities incurred in the defense
of any such claims, or in the investigation thereof.
13. CONFLICT OF INTEREST -
GRANTEE is aware of the conflict of interest laws of the
City of Miami (Miami City Code Chapter 2, Article V), Dade Coun-
ty, Florida (Dade County Code Section 2-11.1) and the State of
Florida, and agrees that he/she will fully comply in all respects
with the terms of said laws.
ii
1 14. INDEPENDENT CONTRACTOR
E
GRANTEE and its employees and agents shall be deemed to be
independent contractors, and not agents or employees of
9CITY, and
shall not attain any rights or benefits under the Civil Service
or Pension Ordinances of CITY, or any rights generally afforded
classified or unclassified employees; further its employees and
agents shall not be deemed entitled to Florida Worker's Compensa-
tion benefits as an employee of CITY.
a
j
15. DEFAULT PROVISIONS
-
9
In the event GRANTEE fails to comply with each and every
term and condition of this Agreement or fails to perform any of
the terms and conditions contained herein, then CITY, at its sole
option, upon written notice to GRANTEE may cancel and terminate
this Agreement, and all payments, advances, or other compensation
r•:
paid to GRANTEE by CITY while GRANTEE was in default of the
provisions herein contained, shall be forthwith returned to CITY.
16. NON-DISCRIMINATION
GRANTEE agrees that there shall be no discrimination as to
w
r
Li63 in "f
84-1281
race, sex, color, creed or national origin in connection with any
operations under this Agreement.
17. MINORITY PROCUREMENT COMPLIANCE
GRANTEE acknowleges that he/she has been furnished a copy of
Ordinance No. 9775, the Minority procurement Ordinance of the
City of Miami, and agrees to comply with all applicable substan-
thereto.
18. WAIVER
No waiver of an., s_ )n hereof shall be deemed c0 have
been made unless such waiver be in writing signed by the City
Manager. The failure of CITY to insist upon the strict perform-
ance of any of the provisions or conditions of this Agreement
shall not be construed as waiving or relinquishing in the future
any such covenants or conditions but the same shall continue and
remain in full force and effect. "
19. CONTINGENCY CLAUSE
Funding for this Agreement is contingent upon the availabil-
ity of funds and continued authorization for program activities
,v
f
and is subject to amendment or termination due to lack of funds
or authorization, reduction of funds, and/or change in regula-
tions.
20. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
Both parties shall comply with all applicable laws, ordi-
nances and codes -of Federal, State and Local governments.
1
21. BONDING AND INSURANCE
A) During the term of this Agreement, GRANTEE shall maintain
j
bonding and insurance coverages in the amounts as determined by
the Risk Management Division of CITY. CITY shall be named as an
a
additional insured.
B) -GRANTEE shall furnish certificates of insurance and
bonding, as required, to CITY prior to commencing any activities
under this Agreement.
3,
22. ASSURANCES AND CERTIFICATIONS
GRANTEE assures and certifies that;
A) All expenditures of funds will be made in accordance with
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84-1281
the proposal and line item budget (both of which are attached
hereto as Exhibits 1 and 2) as approved by the City Commission.
B) CITY funds will NOT be co -mingled with any other funds
and that separate bank accounts and accounting records will be
maintained.
C) The expenditures of CITY funds will be properly doc,•-•-rt-
1:iu SU4i1 ♦ill:. ii..�:: t::LJit .trLtl i.a lii3iar-di-ned.
D) Periodic progress reports as requested by CITY will be
provided.
Z') G AIiTEE will be personally liable for any CITY
expended that were not consistent with the program approved by
the City Commission or any funds expended not in accordance with
proper accounting standards as determined by a competent auditing
authority.
F) No activity under this Agreement shall involve political
activities.
G) GRANTEE possesses legal authority to enter into this
Agreement; a resolution, motion, or similar action has been duly
adopted or passed as an official act of GRANTEE'S governing body,
authorizing the execution of this Agreement, including all under-
standings and assurances contained herein, and directing and
authorizing the person identified as the official representative
of GRANTEE to act in connection with GRANTEE and to provide such
additional information as may be required.
23. AMENDMENTS
No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed in their names by their duly authorized
officers and the corporate seals to be affixed hereto, all as of
the day and year first above written.
ATTEST:
Ralph Ongie,
City Clerk
CITY OF MIAMI, a
municipal corporation
of the State of Florida
By
Howard V. Gary,
City Manager
A
ft
84-1281
ATTEST:
SECRETARY
I,
U
GRANTEE
By
PRESIDENT
SEAL
GUARANTY
in consideration of the award of the
grant evidenced by this Agreement to ,
hereby agree to be personally liable to the City for any City
funds expended that were not consistent with the program approved
by the City Commission or any funds expended not -in accordance
with proper accounting standards as determined by a competent
auditing authority.
WITNESSES: , an individual
By
individually
APPROVED AS TO FORM AND CORRECTNESS:
Lucia A. Dougherty,
City Attorney
APPROVED AS TO INSURANCE REQUIREMENTS:
Division of Risk Management
84-1281