HomeMy WebLinkAboutR-81-0838M81-773
(9/10/81)
RESOLUTION NO.1b 81 _ 8 3 8
A RESOLUTION AUTHORIZING THE EXTENSION OF
CURRENT LEVEL FUNDING THROUGH OCTOBER 7,
1981 TO ALLAPATTAH DEVELOPMENT AUTHORITY,
INC. FOR THE CONTINUATION OF ITS NEIGHBOR-
HOOD ECONOMIC DEVELOPMENT PROGRAM, WITH
FUNDS THEREFOR ALLOCATED FROM THE SEVENTH
YEAR COMMUNITY DEVELOPMENT BLOCK GRANT.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The extension of the current level of
funding through October 7, 1981 to Allapattah Development
Authority, Inc. for the continuation of its neighborhood
economic development program is hereby authorized, with
funds therefor hereby allocated from the Seventh Year
Community Development Block Grant.
PASSED AND ADOPTED this 24 day of September ,
1981.
MAURICE A. FERRE
M A Y 0 R
ATTEST:
Q
RALP G. ONGIE
CITY CLERK
PREPARED AND APPROVED BY:
ROBERT F. CLARK
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
GEO" F. KNOX, JR.
CITY ATTORNEY _J
CITY COMMISSION
MEETING OF
SEP2 41981
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CITY OF MIAMI, FLORIDA
52 A INTER -OFFICE MEMORANDUM
TO Howard V. Gary
City Manager
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_` FROM Julio A. Castano
i
Director
Dept. of Trade & Commerce Dev.
DATE September 17, 1981 FILE.
SUBJECT Allapattah Development Authority
7th Year CDBG Funding
RF_f fRENCES
ENCLOSURFS
"It is recommended that the attached Resolution
be adopted by the City Commission authorizing
the City Manager to enter into an agreement
with Allapattah Development Authority for the
purpose of continuing a Neighborhood Economic
Development Program in the Allapattah CD Target
Area."
The attached Resolution authorizes the execution of an agreement,
pursuant to Motion 81-773, with Allapattah Development Authority
for the period of July 1, 1981 to June 30, 1982.
Funding for the continuation of this program is contained in
the City's Seventh Year Community Development Block Grant at
the same level (50,000) offered for the period July 1, 1980
to June 30, 1981 (6th Year CDBG).
JAC/sl
81 -838
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CITY OF MIAMI
ECONOMIC DEVELOPMENT CONTF-ACT
TABLE OF CONTENTS
ARTICLE I
1.1 Contract Provisions...............................I
ARTICLE II
General Obligations
2.1 City Authorization ...........................2
2.2 Obligation of Contractor .........................2
2.3 Compliance with Federal, State
and Local Laws...................................3
2.4 Contract Modification ............................3
ARTICLE III
3.1 Work Program.....................................3
ARTICLE IV
Conditions of payment
4.1 Budget Summary...................................3
4.2 Method of Payment................................3
4.3 Reimbursement -Timely Submission ..........4
4.4 Salaries, Fringe Benefits, Job Descriptions ......4
4.5 Financial Accountability .........................5
4.6 Retention of Records .............................5
4.7 Bonding and Insurance ............................5
4.8 Subcontracts ...... ..............................6
4.9 Reports, Audits, and Evaluations .................7
ARTICLE V
General Conditions
5.1 Project Publicity................................a
5.2 Equal Opportunity................................8
5.3 Conflict of Interests ............................8
5.4 Indemnification..................................9
5.5 Level of Service.................................9
5.6 Purchasing and Inventory .........................10
5.7 Disclosure of Funds..............................11
5.8 Final Expenditure Report .........................11
ARTICLE VI
Compensation Method
6.1 Maximum Compensation .............................12
6.2 Time of Performance..............................12
6.3 Obligation to Re-New..............................12
6.4 Recapture of Funds...............................12
ARTICLE VII
General Assurances and Certifications
7.1 Contractor Assurances and Certifications .........12
7.2 Anti -Kickback Provision ..........................14 '
ARTICLE VIII
Termination Clause...............................14
81 -838
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CITY OF MI,AMI, FLORIDA
ECONOMIC DEVELOPMENT CONTRACT
THIS AGREEMENT, entered into by and between the
City of Miami, a political subdivision of the State of Florida, ;
hereinafter referred to as the "City",, and Allapattah Dev. Authority, Inc.
hereinafter referred to as the "Contractor", a gorporate body
fully organized and existing and by virtue of the laws of the
State of Florida as a non-profit corporation, having its prin-
cipal office at 1400 N.W. 36th Street, #201, Miami, Florida 33142 ,
for the period beginning July 1, 198.1, and ending June 30,1982.
Funding Source:
Community Development
Block Grant
In consideration of the covenants and agreements here-
inafter set forth, the parties hereto agree:
ARTICLE I
As a necessary part of this Agreement, the Contractor
agrees to provide the City with the following standard require-
ments.
1.1 CONTRACT PROVISIONS
1. Copy of Contractor's Articles of Incorporation, Charter and
By-laws.
2. List of Present Principal Governing Board Officers and
Members of the Board (names, addresses and telephone
number.
3. List of Key Staff Persons, with their titles, who
will carry out this program.
4. Copy of Contractor's current Fidelity Bond (applicable
for all persons who are authorized to receive and dis-
burse funds under this contract).
5. Completion of Authorized Representative Statement (on
form supplied by the City).
6. Completion of Statement of Accounting System (on form
supplied by the City).
7. CPA letter verifying the Contractor's Accounting Sys-
tem or current Audit Report (which verifies the Con-
tractor's internal controls as adequate to safeguard
the organization's assets).
8. Final Expenditures Report (to be submitted 30 days
after contract expires).
9. Work Program and Line -Item Budget (approved by the City).
10. Proof of Workmen's Compensation Insurance.
• 11. Contractor's Corporate Seal (to be affixed to Signatory
Page).
ARTICLE II
GENERAL OBLIGATIONS
2.1 CITY AUTHORIZATION
For the purpose of this contract the City of Hiami Department
of Trade & Commerce Development (DTCD) will act in behalf of
the City in the fiscal control, programatic monitoring and
modification of this Contract.
2.2 OBLIGATION OF CONTRACTOR
The Contractor agrees to carry out the project as prescribed
in its attached Work Program in a lawful, satisfactory, and
proper manner, in accordance with the written policies and
procedures, and requirements as prescribed in this Agreement,
as set forth by the United States Secretary of Treasury, and
the City of Miami Department of Community Development, and all
other state and local laws. The Contractor shall not perform
in a way inconsistent with the terms of the Work Program except
as authorized in writing by the City. Such Authorization by the
City shall be subject to and in accordance with prescribed
guidelines.
2.3 COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
Both parties shall comply with all applicable laws, ordinance,
and codes of Federal, State, and local governments. Specifically,
the Contractor agrees to comply %-:.th the Housing and Community
Development Acts of 1974 and 1977, Section 109 with Executive
Order 11246 and 11063; and with Section 3 of the Housing and .
Urban Development Act of 1968 (Section 570, 303).
2.4 CONTRACT MODIFICATION
The city or Contractor may, from time to time, request changes
in the Work Program to be performed hereunder. Such changes,
including an increase or decrease in the amount of Contractor
compensation, which are mutually agreed upon by and between the
City and the Contractor, must be incorporated in written
amendments to this Agreement executed by the City (DTCD) and
the Contractor.
ARTICLE III
3.1 WORK PROGRAM
A description of the Contractor's Work Program Specifications
is attached and hereby incorporated and made part of this
Agreement, for neighborhoo economic development in the
Allapattah Community Development Program target area.
ARTICLE IV
CONDITIONS OF PAYMENT
4.1 BUDGET SUMMARY AND JUSTIFICATION
The total Contractor budget summary and justification attached
hereto, is hereby incorporated and made part of this Agreement.
4.2 14ETHOD OF PAYMENT
All payments, unless otherwise stipulated, shall be reimbursements
for expenditures incurred only in contract period, and in
compliance with a previously approved line item budget. Such
reimbursement requests shall contain a statement declaring and
affirming that all disbursements were made in accordance with
81 -838
the approved budget. All documentation in support of such
request is made and all invoices should have been paid by the
Contractor prior to submission. All reimbursements must be
in line item form and be in accord with the contract. All
expenditures must be verified by original invoice with a copy
of the cancelled check which was used to pay the specific
invoice. In case that an invoice is paid by various funding
sources, a copy of the invoice may be submitted but must
indicate the exact amount paid by various funding sources
equaling the total of the invoice. All petty cash accounts
must be justified with proper documentation. Request for
budget line -changes are allowable, with prior review and
approval by the City. Requests for advance payments shall be
submitted, including the amount requested and a justification,
in writing to DTCD for review and approval.
4.3 REIMBURSEMENT - TIMELY SUBMISSION
Requests for payment shall be made on a timely basis.
Reimbursement requests shall be submitted no later than
forty-five (45) days after the last date covered by such
request. Reimbursement requests for expenditures incurred
during the life of this Contract, shall not be honored unless
received by the City within (90) days following the expiration
date.
4.4 SALARIES, FRINGE BENEFITS, JOB DESCRIPTIONS
To be eligible for reimbursement for personnel costs, the
Contractor shall submit to the City for approval, in accordance
with Department of Labor guidelines, a detailed statement of
the personnel policies of the Contractor. Such a statement
shall include pay schedules, work hours, fringe benefits, job
descriptions, as well as work history and qualifications for
those employees who will discharge duties in connection with
this Contract. The personnel policies to be followed under
this Contract shall be those used by the Contractor in the
ordinary course of its business, providing, however, such
policies conform to the provisions of the Intergovernmental
Personnel Act of 1970 (Public Law 91-648 effective January
S, 1971) .
.
4.5 FINANCIAL ACCOUNTABILITY
At any time or times prior to final payment under this con-
tract, the City may have the Contractor's financial records
audited. Each payment theretofore made shall be subject to
reduction for amounts included in the related invoice or
voucher which are found by the City Manager, on the basis of
such audit, not to constitute allowable cost. Any payment
may be reduced for payments, or increased for underpayments,
on preceding invoices or vouchers or to repay any amounts.
4.6 RETENTION OF RECORDS
Contractor agrees to retain all financial records, supporting
documents, statistical records, and all other records, pertinent
to this contract, for a period of three years. The:retention
period starts from the date of the submission of the final
expenditure report. Records for non -expendable property
acquired with funds under the Contract, shall be retained for
a period of three years after its final disposition. Said
records shall be retained beyond the three year period if the
audit findings have not been resolved.
4.7 BONDING AND INSURANCE
The Contractor shall maintain during the term of this Contract,
the insurance and bonds specified below:
• a) Insurance coverages should reflect sound business prac-
tices as determined by the City of Miami.
b) Prior to the disbursement of funds to the Contractor,"
' +�1 -8 38
the City shall receive assurance that all persons hand-
ling funds rec,_
are covered by Fidelity Insurance in an amount consis-
tent with sound fiscal practice.
c) The Contractor shall furnish certificates of insurance
and bonding to the City prior to commencing any act-
ivity under the Contract. Said certificates shall
clearly indicate the Contractor is in strict compli-
ance with provisions of this Article relating to insurance.
4.8 SUBCONTRACTS
Contractor agrees to give advance notification, in writing
to the City of any subcontract. None of the work or ser-
vices, including, but not limited to, consultant work or
services, covered by this contract shall be suboontracted
without prior written approval of the City. Any work or
services subcontracted hereunder shall be subject to each
provision of this contract. Proper documentation in ac-
cordance with the Department of Community Development and
City guidelines must be submitted to and approved by the
City prior to the execution of any subcontract hereunder.
The City reserves the right to review all bid documents
both with the Private Non -Profit Contractor, and other en-
tities, hereunder, to review and audit books and records
related to the bidding process.
The advance notification shall include;
a) Identification of the subcontractor.
b) The proposed subcontract price, together with a com-
plete and accurate breakdown of that price by com-
ponent.
c) Identification of the type of subcontract to be used.
d) Summary of actions taken to select the subcontractor.
4.9 REPORTS, AUDITS, AND EVALUATIONS
The City shall cooperate with the Contractor in the con-
duct of activities delegated under this contract as reas-
onably requested. The Contractor agrees to submit to
the City such reports as may be required, along with a
quarterly report to the City comparing expenditures to the
approved budget. The Contractor also agrees to prepare and
retain and permit the City to inspect as it deems neces-
sary for grant purposes records that may be relevant to
Federal, State or local directives.
Contractor will transmit to the City, in writing, monthly
reports regarding current activity and the progress of the
Contractor's activities in the format presented by the City.
Contractor will transmit to the City, in writing, a pro-
gram evaluation report to be completed prior to the end
of the contract term covering all Project activities.
The format of this report will be determined by the City.
At the request of the City, Contractor will transmit to the
City written statements of contractor's official policy
on specified issues relating to Contractor's activities.
The Contractor further agrees that the City may carry out
monitoring and evaluation activities to include at a min-
imum, visits and observations by the City staff and will
effectively ensure the cooperation of the Contractor's
employees and board members in such efforts. Whenever
reports, forms, ets., are required of the Contractor here-
in, 15 days prior notice in writing of such shall be pro-
vided wherever possible. All reports, audits, and eval-
uation either submitted to the City on quarterly basis, or
acquired through on -going monitoring and evaluation will -
be thoroughly reviewed by the City. Any discrepancies,
incomplete, or inadequate information either received on
a quarterly basis or through monitoring and evaluation, will
give the City just and legal cause to terminate this
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agreement at any time thereafter.
ARZICLE V
GENERAL CONDITIONS
5.1 PROJECT PUBLICITY
The Contractor must inform affirmative action regulations
to the residents of the geographical area to be served
hereunder, of the services to be offered by utilizing any
available means for advertisement, as necessary for re-
cruitment and outreach.
All literature, advertising, publicity or promotion re-
garding the Contractor's activities will be submitted
to the City for review and approval prior to the release
or distribution. No press conference will be scheduled
without prior written notice to the City.
5.2 EQUAL OPPORTUNITY
The contractor agrees that there will be no discrimin-
ation against any employee or person served on account
of race, color, sex, religious creed, ancestry, or nat-
ional origin in its performance of this contract; and it
is expressly understood that upon the receipt of evidence
of such discrimination, the City shall have the right to
terminate this contract.
5.3 CONFLICT OF INTERESTS
No official or employee of the Contractor may be admitted
directly or indirectly to any share or part of this con-
tract or to any benefits to arise from the same nor own
or acquire any personal interest in any property, contract
or proposed contract which would conflict with or relate.
to the performance, their duties or responsibilities under
this contract. If any such person presently or in the fut-
ure acquires, owns or controls any such share, benefit,
or personal interest, he shall immediately disclose such
interest to the City and (other appropriate agencies.
Upon such disclosure, such person shall discontinue his/her
participation if such participation is contrary to the public
interest. The Contractor will comply with all Federal, State
and local conflict of interest laws and requirements.
10
5.4 INDEMNIFICATION •
The Contractor understands and agrees that it is an inde-
pendent Contractor that agrees to indemnify and hold harm-
less the City from liability of any kind, including costs
and expenses for or on account of any or all suits actual
or threatened or damages arising out of the contract.
The Contractor will present proof of coverage of liabi-
lity which is acceptable to the City. In addition, the
contractor will hold the City harmless and will indemnify
the City for funds which the City is obligated to refund
the Federal government arising out of the conduct of ac-
tivities and administration of the Contractor.
5.5 LEVEL OF SERVICE
It is expected that funds are provided to insure quality
service to City residents.
Should start-up time for a
program be required or any delays in service occur, the
Department of Trade & Commerce Development is to be not-
ified in writing immediately giving all pertinent details
and indication when service will begin and/or continue.
It is understood and agreed that the level of services,
activities and expenditures by the Contractor, in exis-
tence prior to the, initiation of services hereunder, shall
be continued and not be reduced in any way as a result of
this Contract except for reductions unrelated to the pro-
visions or purposes herein stated. It is further under-
stood and agreed that the program funded through this Con-
tract will not result in the displacement of employed
workers, impair existing contracts for services or result
in the substitution of funds allocated under this Contract
for other funds in connection with work which would have
been -.prfor:ned ,%r _-n.-
81 ^ 838
5.6 PURCHASING AND INVENTORY
The contractor agrees to use its best efforts to obtain
all supplies and equipment for use under this contract
at the lowest practicable cost and three (3) bids for the
purchase of Capital Equipment to accompany all requests
and, agrees to use the procurement of sources available
to it to the extent applicable to all Federal, State, and
local laws. All non -expendable property acquired for
the program with City Funds will revert to the City at the
end of the City's funding of the Program. Non -expendable
property being properties which will not be consumed or
lose identity. The Contractor shall be responsible to
the City for any damage or destruction to said property
and shall reimburse the City for such damage unless the
City or its employees shall have caused the damage. The
Contractor shall establish and maintain a property con-
trol system and shall be responsible for maintaining a
current inventory on all capital items purchased with
City Funds. It should be clearly understood that all
Capital Expenditures over $50.00 must be approved by the
City prior to purchase. It should also be understood that
all items purchased remain the property of the City and
should be inventoried as such. This will include list-
ing on a property record by description, model serial
number, date of acquisition and cost. Such property
shall be inventoried annually, and an inventory report
submitted to the City. The contractor shall permit des-
ignated City staff access to the premises where property
is kept for the purpose of performing inventory monit-
oring functions. The Contractor shall not dispose of real
or personal property purchased with City funds through sale, use,
loan or relocation without the written permission of
the City.
The Contractor, in the procurement of supplies, equipment,
construction or service to implement this project, shall
make a positive effort to utilize small business and min-
ority owned business sources of supplies and services,
and provide these sources the maximum feasible opportunity
to compete for contracts to be performed pursuant to this
memorandum of Agreement. To the maximum extent feasible,
these small business and minority owned business sources
shall be located in or owned by residents of the Commun-
ity Development Target Area (s) designated by the City
of Miami in the Community Development Grant application
approved by the U. S. Department of Housing and Urban
Development.
5.7 DISCLOSURE OF FUNDS
The contractor shall disclose all sources(Public and
Private), and amounts of funds reflecting the total bud-
get whether they be real or in kind at the commencement
of the contract period, as well as any changes in the
amount of funds through program income or other sources
received during the term of agreement, within thirty (30)
days of such change. Examples of inkind funds to include
free rent, labor, office equipment, etc.
5.8 FINAL EXPENDITURE REPORT
A final budgetary report including audited financial state-
ments shall be submitted to the City within thirty (30)
days after the expiration of the contract period. This
report should reflect actual expenditures, by line -items,
versus proposed expenditures submitted at the beginning
of the Contract year. All persons employed and paid pur-
suant to this Contract should be listed by name, title,
Social Security number, date hired or terminated, ethnic
background, dnd total salary reflecting both City and
other funding sources.
ARTICLE VI
COMPENSATION METHOD
MPY,IMUM CO!4PENS?1TION
8---838 4
6.1 The Contractor agrees to accept as full payment for pro-
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the City, the actual amount of budgeted, eligible and
City approved expenditures and encumbrances made by the
t
Contractor for the purpose of carrying out the services
hereunder during the period of this Agreement. It is ex-
pressly understood and agreed that in no event, shall the
total compensation and/or reimbursement to be paid here-
under exceed the maximum sum of $50,000
TIME OF PERFORMANCE
6.2 This Contract shall become effective upon execution, and
the services of the Contractor are to commence as soon
as practicable after execution and shall be undertaken and
• completed in light of the purpose of this contract; but
in any event, all services required hereunder shall be
completed by June 30, 1982.
OBLIGATION TO RE -NEW
6.3 Upon termination of this Agreement, the Contractor agrees
and understands that the City has no obligation to re -new
this Contract.
RECAPTURE OF FUNDS
6.4 The City shall reserve the right to recapture funds when
the contractor fails to comply with the terms of the
agreement or refuses to accept conditions imposed by the
City at the direction of the U. S. Department of Housing
and Urban Development.
ARTICLE VII
GENERAL ASSURANCES AND CERTIFICATIONS
7.1 THE CONTRACTOR ASSURES AND CERTIFIES THAT:
1) It possesses legal authority to enter into this Con-
tract; a resolution, motion, or similar action has
been duly adopted or passed as an official act of the
Contractor's governing body, authorizing the exe-
cution of the Contract, including ,all underst anr3i::";3'
and assurances contained herein, and directing and
authorizing the person identified as the official rep-
resentative of the Contractor to act in connection
with the Contract and to provide such additional in-
formation as may be required.
2) It will comply with the provisions of the Hatch Act
which limits the political activity of employees.
3) It will comply with the requirement that no program
under this Contract shall involve political activi-
ties (Section 710).
4) It will establish safeguards to prohibit employees
from using their positions for a purpose that is or
gives the appearance of being motivated by desire for
private gain for themselves or others, particularly
those with whom they have family, business or other
ties (Section 702 (s)).
5) Participants or employees in the program found pur-
suant to this Agreement, will not be employed on the
construction, operation or maintenance of that part
of any facility which is used .for religious instruc-
tion or worship (Section 703(s)).
6) Appropriate standards for health and safety in work
and training situations will be maintained (Section
703(5)) .
7) Persons employed in public service jobs under this
Contract shall be paid wages which shall not be lower
than whichever is the highest of (a) the minimum wage
which would be applicable to the employer under the
Fair Labor Standards Act of 1938, if Section 6 (a)
(1) of such title applies to the participant and if
he were not exempt under Section 13 thereof; (b) the
State or local minimum wage for the most nearly com-
1081_839
rates of pay for persons employed in similar public
occupations by the same employer (Section 208 (a) (2)).
8) It will comply with Title VI of the Civil Rights Act of
1974, Title VIII of the Civil Rights Act of 1968, and ,
Executive Orders 11246 and 11063, and Section 3 0£ the ,
Housing and Urban Development Act of 1968, as amended and .
incorporated herein by reference.
9) It will comply with the regulations and requirements of the
Office of Management and Budget Circular A-102, "Uniform
Administration Requirements for Grant -in -Aid to State and
Local Governments" and Federal Management Circular 74-4,
"Principles for Determining Costs Applicable to Grants and
Contracts with State and Local Governments."
'.7.2 ANTI -KICKBACK PROVISION
The Contractor will comply with the Anti -Kickback Act, Title
18, USC Section 874, and provisions of the Federal Labor
Standards, Title 29.
ARTICLE VIII
TERMINATION CLAUSE
8.1 The City, by giving written notice specifying the effective
date, may terminate this Contract in whole or in part for cause
which shall include: (1) Failure, for any reason, of the
Contractor to fulfill in a timely and proper manner its obliga-
tions under this Contract, including compliance with the
approved Work Program and attached conditions and such directives
as may become generally applicable at any time, (2) Submission
by the Contractor to the City, of reports that are incorrect
or incomplete in any material respect; and (3) ineffective or
improper use of funds provided under this Contract. Further,
it is mutually agreed that the Contractor shall immediately,
upon demand by the City, cease and terminate any and all activities
including but not limited to divesting itself and any subsidiary(s)
of specific assets and/or projects and that upon demand of the
City any and all accumulations thereon, shall be delivered
to City and become the sole property of the City.
8.2 All the obligations under this Agreement shall be contingent
upon the availability of Federal funds and in the event that
those funds are withdrawn or reduced, this Agreement shall
be modified so as to reflect the changes in the availability
of the funds. In the event that the Agreement must be termi-
nated due to the unavailability of Federal funds, the Contractor
shall be entitled only to recover the actual amount of admi-
nistrative costs incurred up to the date of termination, which
is no event shall exceed, the amount allocated for administra-
tive costs under the Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed in their names by 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.
WITNESS our hands and seals on this day of ,
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CITY OF MIAMI, a municipal
Coronrati-nn of the State of
F1
ATTEST:
By
RALPH G. ONGIE, CITY CLERK
'1 T•
SECRETARY
APPROVED AS TO
PRESIDENT;
CORRECTNESS:
F. *KNT0X,=.JR.ATTOJ�N]
CORPORATE SEAL'
81-838