HomeMy WebLinkAboutO-09017AMENDMENT NO.
TO ORDINANCE NO. 8719
ORDINANCE NO. 9 0 1 7
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719,
ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT APPROPRIA-
TIONS ORDINANCE, BY ESTABLISHING A NEW TRUST AND AGENCY
FUND ENTITLED: "RECREATION PROGRAMS FOR THE MENTALLY
RETARDED (4TH YEAR)", AND APPROPRIATING FUNDS FOR THE
OPERATION OF SAME IN THE AMOUNT OF $141,468, COMPOSED
OF $111,468 TO BE RECEIVED FROM STATE OF FLORIDA, DE-
PARTMENT OF HEALTH AND REHABILITATIVE SERVICES AND
$30,000 FROM CITY OF MIAMI, MATCHING FUNDS FOR GRANTS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE;
AND DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON
TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS
OF THE MEMBERS OF THE CITY COMMISSION.
WHEREAS, the City Commission adopted Ordinance No. 8719 on October 26,
1977 establishing resources and appropriations for grant funds anticipated
by the City of Miami, Florida, and for corresponding City Cash Match require-
ments; and
WHEREAS, the State of Florida, Department of Health and Rehabilitative
Services has offered a grant award of $111,468 to the City of Miami for
"Staff Training for Adapted Recreation Grant for the Handicapped-4th Year";
and
WHEREAS, a sum of $30,000 is available from Fiscal Year 1979-80 Special
Programs and Accounts,Matching Funds for Grants,for this program; and
WHEREAS, this program will meet a crucial need to provide leisure services
to mentally retarded adults;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. Section 1 of Ordinance No. 8719, adopted October 26, 1977, as
amended, is hereby further amended in the following particulars:1/
"Section 1. The following Trust and Agency Funds are hereby established
and resources are hereby appropriated as described herein:
1/ Words and/or figures stricken through shall be deleted. Underscored words
and/or figures constitute the amendment proposed. Remaining provisions
are now in effect and remain unchanged. Asterisks indicate omitted and un-
changed material. Figures are rounded to the next dollar.
FUND TITLE:
RESOURCES:
Recreation Programs for the Mentally Retarded (4th Year)
State of Florida, Department of Health and
Rehabilitative Services Grant Award, 1979-80 $111,468
City of Miami, Special Programs and Accounts
Matching Funds for Grants, FY 1979-80.
APPROPRIATION: Recreation Programs for the Mentally Retarded
(4th Year)
Section 2. All ordinances or parts of ordinances insofar as they are
inconsistent or in conflict with the provisions of this ordinance are
hereby repealed.
Section 3. If any section, part of section, paragraph, clause, phrase
or word of this ordinance is declared invalid, the remaining provisions
of this ordinance shall not be affected.
Section 4. The requirement of reading this ordinance on two separate
days is hereby dispensed with by a vote of not less than four -fifths
of the members of the Commission.
PASSED AND ADOPTED THIS 8th DAY OF November
RALPH ON IE, CITY CLERK
BUDGETARY REVIEW:
60.
HOWARD V. GARY, Df'ECTOR
DEPARTMENT OF MANAGEMENT AND BUDGET
LEGAL REVIEW:
riAtA4 0,/iC
Maurice A. Ferre
$30,000
$141,468"
, 1979.
ROBERT F. CLERK, ASSISTANT CITY ATTORNEY
APPROVED i WI FORM AND CORRECTNESS:
GEORGE
JR.,
Y ATTO
EY
MAURICE A. FERRE
MAYOR
9017 NI
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TO:
fROki
Joseph R. Grassie
City Manager
ert H. Howar , irectbr
Department of Leisure Services
,uni•,Cr
September 20, 1979
Ordinance - State Grant
Programs for the Handicapped
Fourth Year (FY 1979-80)
ENCLCSUPLS.
REQUEST IS MADE TO APPROPRIATE A
TOTAL OF $141,468.00 TO OPERATE
THE STATE GRANT FOR THE HANDICAPPED
FOURTH YEAR (FY 1979-80). THE STATE
OF FLORIDA, DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES WILL CONTRI-
BUTE $111,648.00 TO BE MATCHED BY THE
CITY OF MIAMI WITH $30,000.00 FROM
THE SPECIAL PROGRAMS AND ACCOUNT MAT-
CHING FUNDS FOR FEDERAL GRANTS.
The goal of this program is to assist mentally retarded adults
in achieving or maintaining self-sufficiency through recreational
and leisure services. Whereby they will be able to live as "normal"
a life as possible. The components of this program are:
a. Recreation
b. Health and Nutrition
c. Prevocational Skills
d. Modality Training
e. Language Arts
f. Social Perceptual Training
Clients will attend these six (6) days a week, at City of Miami parks.
These programs will meet an un-met need of leisure services to mentally
retarded adults.
AHH:lg
cc: Law Department
Management Services
9017
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COT nELT COCT
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STATE OF FLORIDA
1)A
DEP,tJi•�ii •:.. OP JiAL H,AHn REHABILITATIVE o,-R1(.ES
CITY OF MIAMI
TJIS CU?,CT is entered into between tho State of rlorid-,
Department of Health awl Reha.hi.l.i.t:ati.ve Services, hereinafter
referred to a:; the "Del:artment", and CITY or
MIAMI , hereinafter referred to as the "Provider".
The Parties agree:
I. The Provider Asrees :
A. To provide services at locations and in accordance with
the conditions specified in Attachment 1.
B. Federal ar d ' Sta to Laws and 'Regulations
].. To comply with Title VI and VII, Civil R_yh .s
Act of 19G4.
2. To comply with all the provisions of Section 501;
of the Rehabilitation Act of 1973, Nondiscrimina-
tion ACainst the Handicapped, as amended (45 CFR,
Part 84).
3. It is expressly understood that upon recci.pt of
substantial evidence of such discrimination, the
Department shall have the'right to terminate this
contract 'for breach.
• 11. To comply with the applicable provision:: of 45 CFR,
Part 74.
5. To meet the State and Federal standard.^, set forth
in 45 CFR, Part '228.
9017
TO:
FROM
Joseph R. Grassie
City Manager
// ,1,tr 7J 1
ert H. Howar , irectbi'
Department of Leisure Services
E
,ii r»Lc r
September 20, 1979
Ordinance - State Grant
Programs for the Handicapped
Fourth Year (FY 1979-80)
CLC SUP ES
REQUEST IS MADE TO APPROPRIATE A
TOTAL OF $141,468.00 TO OPERATE
THE STATE GRANT FOR THE HANDICAPPED
FOURTH YEAR (FY 1979-80). THE STATE
OF FLORIDA, DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES WILL CONTRI-
BUTE $111,648.00 TO BE MATCHED BY THE
CITY OF MIAMI WITH $30,000.00 FROM
THE SPECIAL PROGRAMS AND ACCOUNT MAT-
CHING FUNDS FOR FEDERAL GRANTS.
The goal of this program is to assist mentally retarded adults
in achieving or maintaining self-sufficiency through recreational
and leisure services. Whereby they will be able to live as "normal"
a life as possible. The components of this program are:
a. Recreation
b. Health and Nutrition
c. Prevocational Skills
d. Modality Training
e. Language Arts
f. Social Perceptual Training
Clients will attend these six (6) days a week, at City of Miami parks.
These programs will meet an un-met need of leisure services to mentally
retarded adults.
AHH:lg
cc: Law Department
Management Services
•
r 9017
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CO::'1'
STATE 0; FLORIDA
r,,.....�rn � ' ' tI\ I t 1 1 ... T•/ I•�' 1 i 1 t! 1 : t t•
DEP,lRT;;,:..... O li,.AL..II . (�1.1. ,�►. 1ABIII:C.A I 1 , SM 10ES
. .AI11)
CITY OF MIAMI
•
TINS CO;;'_':;,CT is catered into between the State of Florida,
•
Department; of Health and Rehabi 1 i t. rive Servics, hereinafter
referred to a;; the "Department", and CITY Or
MIAMI , hereinafter referred to as the "Provider".
The Parties agree:
S. The Provider Agrees:
A. To provide services at locations and in accordance with
the conditions specified in Attachment 1.
B. Federal and'State Laws and*Regulations
1. To comply with Title VI and VII, Civil Rights
Act of 1964.
2. To comply with all the provisions of Section 501;
of the Rehabilitation Act of 1973, Nondiscrimina—
tion Against the Handicapped, as amended (45 CFR,
Part 84+).
3. It is expressly understood that upon recclpt of
substantial evidence of such discrimination, the
Department shall have t;he 'right to .ermin:.it:p this
contract•for breach.
i. To comply with the applicable provision:: of 45 CFR,
Part 74.
5. To meet the State and Federal standards set forth
in 45 CFR, Part 228.
•
9017 •
t;1a.1 ! 1%.,.1 i'r;f' pro :; Vr
t.o dctr.f•:,fit:^ cc,trl'or;,fi t••;; with intended program
pu t'pn::„:; .
t•n f'ff rn 1:;h t:}1;ttc:ve ' -
int'urw:.L.i.on t:; tfeee -'•-1t•;; to ct'V' ct:, this t:1onl.tot'.Ln3..
3. '1'o pe rrt .t tltu Department to monitor the afore-
mentioned 3c1'v1 ce. hrot;rn ri Operated by the: Provider
or subcontractor according to applicable regula-
tions of 1:hc Federal and State ;ovcrnments. Said
monitoring; will include access to all client
record;.
F. Indemnification
• The Provider shall be liable, and agrees to be liable
for, and shall indemnify, defend, and hold the Depart-
ment- harmless froth all claims; suits, judgements or
damages, including court costs and attorneys fees,
arising out of or in the course of the operation of
this contract.
G. .Insurance
The responsibilityfor providing adequate liability
insurance coverage as determined by the Department
on a comprehensive basis shall be that of the Provider
and shall be provided at all times during the existence
C
of this contract. Upon the execution . of this contract,
the provider shall furnish the.Department with written
ver1fication of the existence of such insurance
coverage.
H. Safeguarding Information
Pursuant to 115 CFR,Part 205.50, the Provider shall not
•
u e or disclose any information concerning a recipient
or cervices under. this contract for any purpose not in
conformity with the Federal and State requirements
except on written con 'ent of the recipient, or his
responsible parent or guardian when authorized by law.
I. Client Information
The Ito ldet' •hal.l submit to tho Depart;mcnt management
-3-
'
9017
c.
1. TO I,t.ttI►t.;t;It hoops, rvCOrdr ana docuu;.►tints its accut•,I
n ee t;i.t.h iteeotu gill ; procedure:; an(} practices w}I t.t`}t
: t1.'J'1.ei.mS.].;, stu1 p;•o;',:rl.y r%:J.'1:ct all expenditures
of. funds provided by the Upar t merit; under this;
. contract:.
2. To assure that t}►c:;e records 'shall be cubJect at
all times to inspection, review; or audit by State
• personnel. and other personnel duly authorized by
the Department:, as Weill a:; by Federal perso:1ne1.
3. To maintain and file with the, Department such
progress, fiscal, inventory and other reports as
the Department may require within the period of
' this contract.
Jt. To include these aforementioned audit: and record-
.. keeping requirements in all approved subcontracts
and assignments.
D. Retention of Records
•
1. To retain all financial_ 'records, supporting docu-
ments, statistical records, and any other documents
pertinent to this contract for a period of three
(3) years after termination of this contract, or i
an audit has been initiated and audit findings
have not been resolved at the end of three (3)
years, the records shall be retained until
resolution of the audit findings.
2. Pursuant to 45 CF R, Part 71t.24(a) and (b), Federal
auditors and persons duly authorized by the
Department.- shall have full access to, and the right
i•
to examine any of said materials during said
period.
'E. Monitoring
1. • To provide periodic progress reports, including
data reporting; requirements requested from the
Department and/or. Federal agencies.. These reports
01 t,011‘ ::••'d 1 r)t• Lubtt:p:•l1 '. :e (L• I t:t•. \,1•.:1...'i.. .
t&) dett1•:31 W: (•uttf'o►•: i t.v with intended I1roc,r;;irt
° •••••• !„ , ,' i rt 1.111.111:;11 1:11:it(:vCL•
ittt'ut44..l.1.on Is n':r(•••••-1r;; to ef-'f'' ct. this r1Oni.tor.tn3-.
3. To perms .t Lhu Department to monitor the afore-
mentioned serv:i.ee. })ro►;rari Operated by the Provider
or subcontractor according to applicable regula-
tion:.; of t.12c Feciei•al and estate governments. Said
monitoring will include access to all, client
records.
F. Indemnification
The Provider shall be liable, and agrees to be liable
for, and shall indemnify, defend, and hold the Depat't•-
meat• harmless from all claims; suits, judgements or
• damages, including court costs and attorneys fees,
arising out of or in the course of the operation of
this contract. •
G. Insurance
The responsibility.for providing adequate liability
insurance coverage as determined by the Department
on a comprehensive basis shall be that of the Provider
C,. and shall be provided at all times during the existence
of this contract. Upon the execution.of this contract,
the provider shall furnish tile. Department with written
verification of the existence of such insurance
coverage.
1i. • Safeguarding Information .
Pursuant to 45 CFR, Part 205.50, the Provider shall not
uto or disclose any information concerning a recipient
. of :services under. this contract for any purpose not in
conformity with the Federal and State requirements
except on written consent of the recipient, or his
responsible parent or guardian when authorized by law.
I. Client Information
The Provider :hall :submit: to tht: Department management
-. 3 -
' 9017
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as deeme cs:;ential by the Department for inclusion ill
'the UN:; Client Informatimn Vstem.
J. Assiv;r:.vitts of Contracts
The Provider shall not asnign the responstUility of
this contract to another party without priori written
approval of the Department.
'. K. Financial Reports
To provide periodic.financial reports to the Depart-
ment as dpecified in Section III, paragraph G. A final
expenditure report will he made to the Department
within forty-five (45) days after the termination of
this contract.
L. Subcontracts
The Provider shall not enter into subcontracts for any
. of.the work contemplated under this Contract without
obtaininG prior written approval of the Department. .
Pursuant to 45 CFR, Part 228, all subcontracts shall be
• subject to such cofiditions*.of.this contract and to any
• condltions of approval that the Department shall deem
necessary. Provider will be responsible for the
_performance of any subcontractor.
M. Return of Funds
Any funds paid by the Department and not expended for
.the contracted services shall be considered Department '
funds, and shall be returned to the Department. Such
funds expended in violation of this contract shall be
refunded in full to the Depavcment, or if this contract
-is still in force, shall be withheld by the Department
from any subsequent reimb=;sement request.
N. Eligibility •
•
Reimbursement shall be made Only for those
expenditures incurred in the.provision'of eligible
. services to eligiblo clients. Eligible services are
those services specified in Attachment 1 of this
contract and in the currentState of FIOvida
• •' �. r• ' � ' • { � �.'IJ.11�:'.1 In t•tit:
): . f„ is:1�� .lit; u.1.1. : t•..1.1 l.. d.t
Mttnnev cliA'i.ned !It the ':ut•t',. nt "Dc•t,.:rtncttt of Health and
tic'tiahI i. Lt ,.1..1.ve : t'v 1.t,:t•:; i :H ..11 for '.l'.tticl A.'. 1',1.1 (.; th t.1i. y
1.)C:t'.rOu:tti.un 195-1." T1Ji: 1)i:11:1t't;:lt:►7t, t11 ler.!; ot)ierwiuc
;,pecifJ.':d under the LI'Ee1:AT, iTov.t:. TO 'sr.ction of thin
contract :;hall determine el. tc:nt; eligibility and fut'tii:;h
the Provider with :;tt'id det:c:rmt)tati.ons. The Provider
:;hall furnish, upon request;, such information no may
be required to 'verify thrt: client eligibility was
determined in accordance with Federal, State and
Dcpartmentment nl requirements.
0. Grievance and Fair Hearing Procedures
Pursuant to 45 CFR, Parts 228.14 and 205.10, Provider
will establish a system through which recipient:; may
present grievances about the operation of the contract.
Provider will advise recipients of this right to appeal
denial or exclusion from the program or failure to take
account of recipients' choice'of service and of their
right to a fair hearing in'these respects. Whenever
an applicant or .recipient requests a fair hearing,
the Department will make arrangements to provide
such a hearing, through its regular fair hearing
process.
P. Fees
Pursuant to 45 CFR, Part 228.70(a)(11), no fees shall
be imposed other than those set by the Department,
in accordance with 45 CFR, Pal:1, 228. 62 and described
in the current State of Florida Comprehensive Annual
Services Program Plan for Title XX. Fees collected in
compliance with the aforementioned regulations will be
disposed of in a manner prescribed by the Department.
'II. The Department Agrees:
To pay for contracted 'service:; according to the condi.t;tone
of Attachment 1 in an amount not to exceed 1160.40 11.R
•
9017
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A. Effective Date
e
1. C Otlt.r:(':t :;h:11 1 1,c•i:. n " -October 1.,_._3 °Z.2.....
Ut• the date oh which tilt`. colttt':tct; has been
si.1 ne(1 by both parties, whichever is later.
2. This contract: .:hall 'end. on Sentcmbcr 30, 1980 •
B. Termination •
1. Termination at Will
This contract may be Cerminated by either party
upon no less than thirty (30) days notice, with
ov without cause; notice shall he delivered by
certified mail, return receipt requested, or in
person with proof of delivery. '
2. Termination Because of Lack. of Funds
In the event funds to finance this contract.
become unavailable, the Department may terminate
the contract upon no less than twenty-four .(214)
hours notice in writing to. the Provider. Said
notice shall be delivered.by certified mail,
return receipt requested, or in person with proof
of delivery. The Department shall be the final
authority as to the availability of funds.
3. Termination fo. Breach
Unless the Provider's breath is excused, the
Department may, by written 'notice of breach to
to the Provider, terminate the contract. Termin-
ation shall be upon no less than twenty-four (24)
. hours notice in writing delivered by certified
mail, return receipt requested, or in person with
proof of delivery. Waiver of breach of any pro -
'vision of thin contract shall not be deemed to be •
a waiver of any other breach and shall not be con-
strued to be a modification of the terms of the
• . contract.
C. Notice and.Contact
The Contract 1•l:tna Get for the Department: for this
contract :.; Deborah 11i cks Kahn Tl:c
t'c1rc:;(:nt,:l:tvi: or tilt! ltcvlcct 1'u1• th.:
ad;;t.n1:.tt•,71tton or the 1ircc;t•.tt.t under Chit; contract i:;
Max Forman _ . )n the event: that d1.1'1'ot•c•nt
�... _1,..... .1•.. , ra,...
VePVV:;►.:ttt•ctt.A.VQZ) tl1 U
execution of this cortt;t•:tGI., notice of the nttmc and
address o1.' the Derr rchrr•;;r_•nt ative will be rendered in
writing to the other party and raid notification
attached to,originals of this contract.
1). Itcnt:t of:i ttion or Igodi.f'icaton
fodific-:.t{ ons of provisions of this contract shall
only be valid when they have been reduced to' writinG
and duly signed. The parties agree to renegotiate
this contract if Federal and/or State revision of any
applicable lags or regulations makes changes in this
contract necessary.
E. Name and Address of Payee
The name and address of the official payee to whoa
•
payment shall be made:. City of P1iami.f DPparrmQnr of
Leisure Services; Programs for the Handicanned:
2600 S. Bayshore Drive; P.O. Box 330708; Miami, Fla.. 33133
F. Al). Terms and Conditions Included
This contract and its attachments contain all the terms
and conditions agreed upon by the parties.
G. Special Provisions
1.
To comply with all applicable Federal and State
licensing standards, and all other applicable
standards, criteria and guidelines established
by the Department. .
2. To tttaintaing a current record on each client
served in the program whicli•includes authorization
for the provision of services.
•
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pf't;0 r,ontx;►c;t. Lc) l)c c:xei:ttt.(:ci by thuit• ulidrIrni6nud ut't'.ci;t1:;
a: t uj y •;ut.liut•.1.:;t•'t
1'It0 ;':f.I)ER
STATE OF FLORIDA
1)}:I'Ait':';1:•:N'r OP I 1':A •`i'II A11II)
,I1l:}IAIl.lT'1TAT1VE SERVICliS
BY: 13Y:
TITLE: TITLE:
1,?ATE :
'"-80
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A. :;UI:v:i.c.:k.•:.; i.o i:u1)c'vi:c(1
•
Non -work Adult Development Trnini.nw which meets or exceeds the
minimum standards as set forth in IIRS-R form 2000 A-E and all
standards imposed by the grant proposal as approved bv'GrAnt
Review Task Force. •
D. • Manner and Location of Service Provision
Developmental Traininr. to be pr.ovided'to a maximum of nine -teen (19)
clients for 230 nropram days, meeting ;tnndav throu7h Friday for a
minimum of six (6) hours per day at 2600 So. Bayshore Drive; P. 0.
Box' 330708; Miami, Florida 33133,
C. Method of Payment
The Department agrees to rc'.i.m)3ur.- the provider for .
4370 units of . !lev. Training, service (s). , at an amount
lot to exceed $60 800.00 This contract will be funded
$8,685.71 . from Cc=•eral Revenue, $mi 114, frorr Title
r.1 funds and $ 3 685.72 from other funds..
n. IronLE::pendablc property:
1. Non--c::Jcndab1 e .property is property which costs
$100. 00 or more per unit and. whose life is expected to be in excess
of one year or more.
2. .All :Judi property shan be listed on the prc.?erty
record by description, manufacturer's Mcdel • nu:;:bei , serial number,
date . of ac:;uisition and unit cost. Such property shall be inventoried
annual!.,, and an inventory report shall besubmitted to the Department
annually :7ith updatcS as property is obtained. Disposition of non -
expendable property :.hall be,in conformance with 45 CFR, Part 74.139
(a) and (b) .
3. At no time shall the Provide .dispo: a of non -expendable
property .o :cc.pt wi::h the permission of and •in accordance with
instructions by the Department.
4. Upon terminatioi) of this contract, the said property
;hall be disposed of in a manner consistent .with both * Feder. al and
Stat:c' rccju1at:ionr3.
•
9017
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TrrLC F'EDI.r.AL ruND , - .TOTAL c0:I'r?'._" mom: sloo, 000
FIXED RATE CONTRACT
CONTRACT BETWEEN
STATE OF FLORIDA
DEPARTMENT 0r HEALTH.AND F.'EHA9ILITAITIVC S: nVICES
AND •
CITY 0F•M AMI
TIIIS CONTRACT is entered into between the State of Florida,
Department of Health and Rehabilitative Services, hereinafter
**referred to as the "Department", and City of Miami
, hereinafter referred to as the "Provider".
The Parties agree:
I. The Provider Agrees: 1•
A. To provide services at locations arid in accordance .with
the conditions specified in Attachment 1.
B. Federal. and State Laws and Regulations
1. To comply with Title VI *and•VII, Civil Rights
Act of 1964..
2. To ccmply with all the provisions of Section 504
of the Rehabilitation Act of 1973, Idor.discrimina-
tion Against the Handicapped, as amended (45 CFR.,
Part 84) .
3. It is expressly understood that
of
substantial evidence of such discrimination, the
Department shall have the right to terminate this
contract for breach.
upon receipt
4. To comply with the applicable provisions of 45 CFR,
Part 74.
5. To meet the State and Federal standards set forth
in 45 CFR, Part 228.
C. Audits and Records
1. To maintain books, records and,documentc in accord-
ance with accounting procedures and practices which
sufficiently and pr.op'rly reflect all expenditures
of funds pr.ovidcd by the Dcpartment under this contract.
2. Tc, achurc that these records shall be subject at 90 1 7
nll times to inspection, rcviOr" or audit by State
personnel and other personnel duly authorized by
t}1G Department, as well as by Federal personnel.
3. To maintain and file with the Department such.
progress, fiscal, inventory and other reports as
the Department may require within the period- of
this contract.
4. To include these aforementioned audit and record-
•
keeping requirements in all approved subcontracts
and assignments.
D. Retention of Records •
1. •To retain all financial records, supporting docu-
ments, statistical records, and any other documents
pertinent to this contract for a period of three
s
(3) years after termination of this contact, or if
•
an audit has been initiated and audit findings
have not been resolved at the end of three (3)
years, the records -shall be retained until
resolution of the audit findings.
2. Pursuant to 45 CFR, Part 74.24(a) and (b) , Federal
auditors and persons duly authorized by the
Department shall have full access to, and the right
to examine any of said meterials during said period.
E. Monitoring
1. To Provide periodic progress reports, including
•
data reporting requirements requested from the .
Department and/or Federal agencies. These reports
will be used for.monitoring progress or performance
to determine conformity with intended program
purposes.
2. To provide access to, or to furnish whatever
information is necessary to effect this monitoring.
3. To permit the Department to monitor the afore-
mentioned service program operated by the Provider
or subcontractor according to applicable regula-
tions of the Federal• and State gov,crnmcnts. Said
monita in j will incl.ado a.:""• to all client .
records.
elbk
F. Intnification
The Provider shall be liable, and' agrees to be liable
for, and shall inc?nify, defend, and held the Depart-
ment harmless from all claims, suits, judgements or
damages, including court costs and attorneys fees,
arising out of or in the course of the operation of
this contract.
G. Insurance
The responsibility for providing adequate liability
insurance coverage as determined by. the Department
on a comprehensive basis shall be that of the Proider
and shall be provided at all times during the existence
of this contract. Upon the execution of this contract,
the Provider shall furnish the Department with written
t
verification of the existence of such insurance
coverage.
El. Safeguarding Information
Pursuant to 45 CFR, Part 205.50, the Provider shall not
use or disclose any information ccnccrnin; a recipient
Of services under this contract for any purpose not in
conformity with the Federal and State requirements
except on written con-.=nt of the recipient, or his
'responsible parent or guardian when authorized by law.
I. Client Information
The Provider shall submit to the Department management
and program data, including client identifiable data,
as deemed essential by the Department for inclusion in
the HRS Client Information System.
•J. Assignments of Contracts
The Provider shall not assign the responsibility of
this contract to another party without prior written
approval of the Department.
K. Subcontracts
•
The Provider shall not enter into subcontracts for any
.of the work contemplated under this contract without
obtaining prior written approval of the Department.
Pursuant to 45 C:fl, Part 225, dll subeu»cracts shall be
9017
.subject to such conditions of this contract and to anv
•
OPN
conditions of approval that the Department shall deem
necessary. Provider will he responsible for 'the
performance of any subcontractor.
L. Eligibility
•Reimburzement shall be made only for those expenditures
.incurred in the provision'of eligible services to eligible
clients. Eligible services are those services specified
in Attachment 1. of this contract and in the current State
of Florida Comprehensive annual Services Program Plan for
. Title XX, Client eligibility will be determined in the
manner defined in the current ”Department of Health and
Rehabilitative Services Manual for Title XX Eligibility
Deter.;.inaticn 19571." The Department, unless otherwise
specified under the SPECIAL PROVISIC.SS section of this
contract shall deer ine client eligibility and furnish
the Provider with said determinations. The Provider
shall' furnish, uocn request, such information as may be
required to verify that client eligibility was determined
in accordance ,kith cederal, State and Departmental �e-
quirements,
M. Grievance and Fair Hearing Procedures
Pursuant to 45 GFR, Parts 22a.14 and 205.101 Provider
will estatlisn a 'Ar.s.tem through :which recipients may
present grievances about the operation of the contract.
Provider will advise recipients of this right to appeal
denial Qr e: elusion from the progr.er: or failure to take
account of recipients: choice of service and of their
right to a fair hearing in these respects.
Wherever
an.appiicant or recipient requests a fair hearings the
Department will make arrangements to provide such a
hearing, through its regular fair hearing process.
N. Pees
Pursuant to 45 CFR, Part 228. 70 (a).(4).; no fees shall
be imposed other than 'those set by thQ Departn ont, in
con i.:ulce with the aforcmentiene jArgulations will be
disposed of in a manner prescribed by the Department.
II. The Department Agrees:
To pay for contracted services according to the cdnditions
of Attachment 1 in an amount not to_ exceed $40,000.00
III. The Provider and Department Idutttally Agree:
A. Effective Date
1. This contract. shall begin on October 1, 1979
or the date on which the contract has been signed
by both parties, whichever is later.
2. This contract shall end on September 30, 1980
B. Termination
1. Termination at Will
This contract may be terminated by either party
upon no less than thirty (30) days nctice, with
or without cause; notice shall be' delivered by.
certified :nail, return receipt requested, or in
person with proof of delivery.
2. Terminatien Because of Lack of Funds.
In the event funds to finance this contract
become unavailable, the Department may terminate
the contract upon no less than twenty-four (24)
hours notice in writing to the Provider. Said
notice shall be delivered by certified mail,
return receipt requested, or in person with proof
.of delivery. The Department shall be the final
authority as to the availability of funds.
3. Ternnin:i; i.on for' Breach
Unless the Provider's breach is excused, the
Department may, by written notice of breach to
the Provider, terminate the contract. Termination
shall be upon no less than twenty-four (24) hours
notice in writing delivered. by certified mail,
return receipt requested, or in person' with proof
of delivery. Waiver of breach of any provision of
this contract shall not be deemed to be a waiver of
any ct1.,.r br,_.ach and .-bll no" be ^cne"rue"o a
modification of the terms of the contract.
PIN
C. Notice and Contract
The Contract Manager for the Department for this
contract is Wilbert Gibson
The
representative of the Provider responsible for the
administration of the program under this contract in
Max Forman
. In the event that different
. representatives are designated by either party after
execution of this contract, notice'of the name and address
..
of the new representative will be rendered in writing to
the other party and said notification attached to originals
of this contract.
D. Renegotiation or Modification
Modifications of provisions of this contract shall only
be valid when they have been reduced to writing and
duly signed. The parties agree torenegctiate this
contract if Federal and/or State revision of any
applicable laws or regulations makes charges in this.
contract necessary.
E. Name and Address of Payee
The name and address of the official payee to whom
payment shall .be made: City of Migpi_• ^6()Q S Pov¢hnrrrn flrivy;
�. 0. Box 330703: Miami. Florida 13111
F. A11 Terra. and Conditions Included
This contract and its attachments contain all the terns
and conditions agreed upon by the parties.
G. Special Provisions•
1. To comply with ail applicable Federal and State
licensing standards, and all other applicable
standards, criteria and guidelines established
by the Department.
2. To maintain a'current record on each client served
in the program which includes authorization for the
provision of services.
IN WITNE:;S THL:R OE', the parties hereto have caused this
7 pIgc contract to be Cecuted by their undersigned officials
as duly authorized.
PROVIDER
STlt'rE OF FLORIDA
DEPARTMENT OF HEALTH AND
R.EIIABILITATIVE SERVICES
BY: 1Y:
TITLE: TITLE:
DATE:. DATE:
eon .once with the afore:nentiuncceegulat'_ons will be
disposed of in a manner prescribed by``the Department.
II. The Department Agrees:
To pay for contracted services according to the conditions
of Attachment 1 in an amount not to exceed $40,000.00
III. The Provider and Department Muttally Agree:
A. Effective Date
1. This contract. shall begin on • October 1, 1979
or the date on which the contract has been signed
by both parties, whichever is later.
2. This contract shall end on Septerber 30, 1980
B. Termination
1. Termination at Will
This contract may be terminated by either party
upon no less than thirty (30) days notice, with
or without cause; notice shallbe'delivered by
certified nail, return receipt requested, or in
person with proof of delivery.
2. Termination Because of Lack of Funds.
In the event funds to finance this contract
become unavailable, the Department may terminate
the contract upon no less than twenty-four (24)
hours notice in writing to the Provider. Said
notice shall be delivered by certified mail,
return receipt requested, or in person with proof
.of delivery. The Department shall be the final
authority as to the availability of funds.
3. Terinina.tion for' preach
Unless the Provider's breach is excused, the
Department may, by written notice of breach to
the Provider, terminate the contract. Termination
shall be upon no less than twenty-four (24) hours
notice in writing delivered by certified :nail,
return receipt requested, or in person' with proof
of delivery. Waiver of breach of any provision of
this contract shall not be deemed to be a waiver of
any cth,.,. breach and shnl 1 no`_ b^• --^,4 t be a
modification of the terms of the contract.
IN WITNESS T11L1;EOF, the parties hereto have caused this
7 page contract to be executed by their undersigned officials
as duly authorized.
STATE O:' FLORIDA
• DEPARTMENT OF HEALTH AND
PROVIDER REIIABILITATIVE SERVICES
BY : BY:
• TITLE: TITLE:
• DATE: DATE:
•
•
I. .9017
FT::i:P XCl:
ATTACii:T.::T I
A. Services to be Rendered
Education, '1r:tinin:;, ::nd Tlt.•rclpy services to be provided which moots
or exceed the sLondard:: established in 11::S-R Form 2012 (Sop 78) and
the provisions oC the Grant. Proposal as accepted by the Grant Review
Task Force.
B. 1•'anner and Location of Service Provision
POS-Educa. ioii, Training, and Therapy to be provided to a maximum
of Sixtv-six (68) clients at a rate of $ $, 0
per client montn at Cif of Miami; 260.L5_ Ravahnre_Drive..
Miami, Florida 33133
C. Method of :avz.,!nt
The Department hereby agrees to reimburse the provider for
800 units of Education, Training, and Therapy service(s) at
$50.00 per unit. This contract will be funded $.1OT000.e0
from 'General Revenue, $ 30poQoo from.Title XX, and $ - 0 -
front other funds.
O_ Pew
330708
9017
'J'IT LF : x ) EDNIA7, Wnf, CO:;;'; CT. UUDt•:)t . 100, 000
ent.tmnnr't' 11c�PlJ; ^tJ
STATE OP )FLORIDA •
)EPARTBENT OF )I;:ALTJI •Atli) REHABILITATIVE SERVICES
.
• .AND
CITY or t sJ,Ala
•
2JIIS C01:TRACT is entered into between the State of Florida,
•
Department of Health and Rehabilitative Services, hereinafter
referred to an the "Depart;aent't, and CITY.OF _iIA.S
, hereinafter referred to as the "Provider"..
The Parties agree:.
I. The Provider Agrees:
A. To provide services at locations and in accordance with
Q
the conditions specified in Attachment 1.
B. Federal and.State Laws and•Regulations.
1. To co:iply with Title VI and VII, Civil Rights
Act of 1964,
2. To comply with all the provisions of Section 504
Of the Rehabilitation Act of 1973, Nondiscrimina—
tion Against the Handicapped, as amended (45 CFR,
Part 84).
3. It is expressly understood that upon receipt .of
substantial evidence of such discrimination, the
Department shall have the •right to terminate this
•
. cont-ract 'for breach.
44. To comply with the applicable pr ovisionc of 45 CFR,
Part 74.
5. To meet the State and Federal standards set forth
in 45 CFR, Part 228.
•
•
004
'l'o maintain tioo1::;, rucorc] •stncl documents, in accord-
ance with accounting procedures and practices t:htch
sufficiently and properly reflect all expenditures
or funds provided by the Department under this;
contract.
•
2. To assure that these records shall be subject at
all times to i.nnpt:ct'ion, review, or audit by State
• persontkcl and other personnel duly authorized. by
the Department, as well. as by Federal personnel.
To maintain and file with the, Department such
3.
progress, fiscal, inventory and -other reports as
the Department may* require within the period of
.this contract.
1. To include these aforementioned audit and record -
keeping requirements in all approved subcontracts
•
and assignments.
D. Retention of Records
1. To retain all .financial records, supporting docu-
ments, statiztical records, and any other documents
pertinent to this contract for a period of three
(3) years after termination of this contract, or if
'am .audit has been initiated and audit: findings
-have not.bcen resolved at the end of three (3)
•
years, the records shall be retained until
resolution of the audit findings.2. Pursuant to 45 CFR, Part 711.211(a) and (b), Federal
auditors and persons, duly authorized by the
Department shall have full access' to, and .the right
to examine any of said materials during said
period.
'E. Monitoring
1.• To provide periodic progress reports, including
data reporting requirements requested from the
Department and/or Federal agencies. These reports
•
-2-
•
elk Will bo !'QV w,n1.t.ui'int; ct•en.; or
to determine conformity wit:.. intended program
•
purposes.
•
�. T _Acre...,, t:n, or to fnrni.;it whatever
ini'onn;ttton is necessary to effect, this tnonitorinL.
3. To permit the Department to monitor the afore—
mentioned service prograri operated by the Provider
or subcontractor according to applicable regula—
tions of the Federal and State governments. Said
•
monitoring will include access to all client;
records.
P. Indemnification
The Provider shall be liable, and agrees to be liable
•
for, and shall indemnify, defend, and hold the Depart—
ment harmless from all claims; suits, judgements or
damages, including court costs and attorneys fees,
. arising out of or.in the course of the operation of
this contract. •
G. Insurance -
The responsit;ility for providing adequate liability
insurance coverage as determined by the Department.
on a comprehensive basis shall be that of the Provider
and shall be provided at all times during the exi:.tcncc
of this contract. Upon the execution.of this contract,
the Provider shall furnish the Department with written
veeifi.ca.t•ion of the existence or such insurance
coverage.
U. • Sa fc;;uarcl:ing Information
•
. Pursuant to tia CI'R, Part 205.50, the Provider shall not
use or disclose any information concerning a recipient
' .• of services under. this contract for any purpose not in
conformity with the federal and State requirements
except on written conr.ent of the recipient, or him
•1•esponsib] e parent or guardian when authorized by law.
I. Client Inform.ttion .
•
The ProviJcr :hall submit to the Department management
;MO t roi,t`,tw iL11 .t t 1. t
°111141:; dr.t`Inr.d essential by the h rtment for inclusion in
the; Utt:3 Client Information System.
J. A:.:c.i(;Inmu:nt::. bC Contracts
• The Provider shall not assign the responsibility of
• . thin contract to another party without prior written
approval of the Department.
X. Financial Reports
To provide periodic financial reports to the Depart-
ment as s*pecificd in Section III, paragraph G. A Sinai
expenditure report will be made to the Department
within forty-five (45) clays after the termination or
"this contract.
L. Subcontracts •
The Provider shall not 'enter into subcontracts for any
. of. the work contemplated under this contract without
obtaining prior written approval of the Department.
Pursuant to 115 CFfl, Part 228, all subcontracts shall be.
subject to such conditions' of_ this contrast- and to any
• conditions of approval that the Department shall deem
necessary. Provider will be responsible for the
. .performance of any subcontractor.
Li: Return of Funds
Any funds paid by the Department and not expended for
. the contracted.services shall be considered Department
• funds, and shall be returned to the Department. Such
fund., expended in violation of this contract shall be
refunded in full to the Depa e ment, or if this contract
is still in force, shall be withhold by • the Department
.from any subsequent reimbursement request.
,N. Eligibility
Reimbursement shall be made only for those
expenditures incurred in the provision of eligible
services to eligible clients. Eligible services are
those 5erV.iCc3 .specified in Attachment 2. of this
contract and in the current State of Florida
• : •
• .
Cr.:;•
AHor,!, N-,v, .rrt.GrAm ri.in IOC
efts
AX. Client eligIbillty will t. determined In the
Manner definod in the current iwpartlilent or Health and
Rehabilitative Services Manual for Title XX Eligibility
• Determination 195-1." The Department, unless otherwise
.specified underothe 3pEcAT PEOVISTONS'section cf this
contract shall determine clint eligibility and furnish
' the Provider with said determinations. The Provider
shall furnish, upon request,such information as may
be required to verify thot client eligibility was
'determined in accordance with Federal, State and
Departmentmental requirements.
0. Grievance and Fair Hearing Procedures
Pursuant to 45 CFR, Parts 228.14 and205.10, Provider
will establish a system through which recipients may
present grievances about the operatlon of the contract.
Provider will advise recipients of this right to appeal
denial or exclusion from the program or failure to take
account of recipients' choice•of service and of their
right to a fair hearing in'these respects. Whenever
an applicant or TeCipient requests a fair. hearing,
the pcpartmont will make arrangements to provide
'such ahearing, through its regular•fair hearing
process.
Fec.s
• PUrsuant to 45 CF1, Part 228.7o(a)(4), no fees shall
be imposed other than those set by the Department,
in accordance with 45 CFR:1'ar1,228.62 and described
•
in the current State of Florida Comprehensive Annu• al
Services Program Plan for Titlt:.! XX. Pees collected in
. • compliance with the aforementioned regulations will be
disposed of in a manner prescribed by the Department.
'II._ The Department Agrees:.
To pay for cont•raetcd zervicon accordlnG to the conditions
of Attachment 1 in an amount not to exceed tin 668 00
•
•
•
•
IP 9.017 '
l'ht: t 11t1c•t' 1), 1).11'tttic111. tiltt.it
A. 1:Cfect:ivc' Date •
1. This contract. shall. ht..G.tn on October 1, 1979
or t:hc: date on which the.contract has been
signed by both partie:;, whichever in later.
2. 'This contract: shall 'end.on September 30, 1950
D. 'Termination
1.. Termination at Will •
This contract may be t:erninat ed by either party
upon no less than thirty (30) days notice, with
or without cause; notice shail be delivered by
. G' •
certified mail, return receipt requested, or in
person with proof of delivery.
2. Termination Because of Lack of Funds •
In the event fund;, to.finance this contract
become unavailable,. the Department may terminate
the contract upon nb less than twenty-four (24)
hours notice in writing to the Provider. Said
notice shall be delivered -by certified mail,
return receipt requested, or in person with proof
of delivery. The Department shall be the final
authority as to the availability of funds.
3. Termination fo: Breach
Unless the Provider's. breach is excused, the
'Department may, by written notice of breach to
to the Provider, terminate the contract. Termin-
ation shall be upon no less than twenty-four (24)
hours notice in writing delivered by eertificd
mail, return receipt requested, or in person with
proof of delivery. Waiver of .breach of any pro -
.vision of this contract shall not be deemed to be •
a waiver or any other'breach and shall not be con-
strued to be a modification -or the terms of the
contract.
C. Notice :tnd Cont::ct
•
The Contract ;t:inaL;cr for the Department for this
co11truc:t. is. Wilbert Ci.bson
. The
ehrc ac:til::►L lvc of the3`t•ctt� S.tI eiN•i::,polt::J.hle for the
administration of the program
under this contract i:;
!lax Forman .
. )n thc event that different
representatives utttv:i;twoG, by ;.t'::C party •., t„r
execution of this contract, notice of the name and
address of the new representative will be rendered in
writing to the other party and said notification
•
attached to, originals of this contract.
D. Renegotiation or 1•1odificat'..oti
Modifications of provisions of this contract shall
only be valid when they have been reduced to writing
and duly signed. The parties agree to -renegotiate
this contract if Federal' and/or State revision of any
applicable laws or regulations makes changes in this •
contract necessary.
E. Name and Address of Payee
The nave and address of the official .payee to whom
payment 5hal•1 be made: City of Miami, 2600 S. Bayshorr far vn•
P. 0. Box 330708; Miami, Fla. 33133
:P. All Terms cad Conditions included
This contract and its attachments contain all the terms
and condition:, . agreed upon by the parties.
G. Special Provisions .
'1.
'To comply with all applicablc'Federal and State
licensing standards, and all other applicable
standards, •criteria and guidelines established
•by the tienart:ment. ..
. 2. To u►ai.ntni.ng a current record on each client
served in 'the program which includes authorization
for the provision of services.
8 pagq01100ntvnet to be executed by thois utid•:r::i(;► el ot'i'icit1::
an duly :tut:.horir.ud.
• PROVIDER
BY:
TITLE:
DATE:
of
STATE OF FLORIDA
D131'lili'i; NT OF MALT!! AND
• RE11t$JiL1TATIV1: S1':1VICES
• BY:
TITLE: •
DATE:
•w s.
v
.•
1
•
OrN /`"'N
i1'PT.YC11:1%;J7' 1
.A. Su'rvievo to Le nd er Cd
Transportation•Services which meets safety codes applicable to the means of
conveyance, driver selection, and licensing as determined by applicable
Florida Statutes and policies.
33. Manner and Location of Service Provision
Transportation services to be provided to 100 (one hundred) clients at a rate
of $3.89 per client per month a City of Miami; 2600 So. Bayshore Drive; P.O.
Box 33070S; fliaini, Fia. 33133
C. Method of Payment
The Department agrees to reimburse the provider for
1200 units of Transportation _Service (s) , at an amount
not to exceed $8.89 This contract .will be funded
$ 2,667.00 from Genreral revenue, $ 001.00 from Title
XX funds and $ - 0 - from other funds.
D. )on-ixpc'n_d ble Propert:�'
-
1. 'Non -expendable property property which costs
$100.00 or more per unit and whose life is expected to be in excess
'of one year or more.
2. .All such property shi 1 be listed on the property
recor i. by description, manufacturer's Model l number, serial number,
date of acc'uis Lion and unit cost. Such property shall be inventoried
•annual'.', and an inventory report shall be submitted to the Department
annually. wi .th updates as property is obtained. Disposition of non -
'expendable property shall be in conformance with 45 CFI:, Part 74.139
(a) and (b) .
•
3. 7it. no time shall the Provide:: dispose of non -expendable
property.except with thc permission of anti in accordance with
instructions by the Department.
4. Upon termination of this contract, the said property
•
shall be disposed osed of in a manner consist:ont .with both Federal and
State rc,ulation.
MIAMI REVIEW t�
AND DAILY RECORD
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally
appeared Octelma V. Ferbeyre, who on oath says that
she Is Supervisor, Legal Advertising of the Miami
Review and Daily Record, a daily (except Saturday,
Sunday and Legal Holidays) newspaper, published at
Miami in Dade County, Florida; that the attached copy
of advertisement, being a Legal Advertisement or
Notice in the matter of
CITY OF MIAMI
Re: Ordinance No. 9017
in the X••••X•••X•••X Court,
was published in said newspaper in the issues of
November 15.....J.9.7..9
Affiant further says that the said Miami Review
and Daily Record is a newspaper published at Miami, in
said Dade County, Florida, and that the said newspaper
has heretofore been continuously published in said
Dade County, Florida, each day (except Saturday,
Sunday and Legal Holidays) and has been entered as
second class mail matter at the post office in Miami, in
said Dade County, Florida, for a period of one year next
preceding the first publication of the attached copy of
advertisement; and affiant further says that she has
neither paid nor promised any person, firm or
corporation any discount, reba e, commission or refund
for e purpose of secures• hi ertisement for
pu' i . 'cn in the said n
Sworn tgnd ;dbtGci(ed of e9.fle lj,is
5 +...day of 4..QSI.%1T1 r...U.i�.1
•w
Notary - 61 c3ti1lpir� a� l.
My Com is e ch 2. •2.
(SEAL)
MR-93
CITY OF MIAMI,
DADE COUNTY, FLORIDA
• LIGAL NOTICE
All interested will take notice that on the flth day of Novernber,1979,
the City Commission of Miami, Florida passed and adopted the foltbw.:
ing titled ordinance:
ORDINANCE NO. 9017
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE
NO. 8719, ADOPTED OCTOBER 26, 1977, THE SUMMARY
GRANT APPROPRIATIONS ORDINANCE, BY
ESTABLISHING A NEW TRUST AND AGENCY FUND EN-
TITLED: "RECREATION PROGRAMS FOR THE MENTAL-
LY RETARDED-(4TH YEAR)", AND APPROPRIATING
OF $U1;160, COMPOSED �F 'S11T,7W YD' iE RECEIVED
FROM STATE OF FLORIDA, DEPARTMENT OF HEALTH
AND REHABILITATIVE SERVICES AND' $30,000 FROM'
CITY OF MIAMI, MATCHING FUNDS FOR GRANTS; CON,
TAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND DISPENSING WITH THE
REQUIREMENT OF READING THE SAME ON TWO
SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR,
FIFTHS OF THE MEMBERS OF THE CITY COMMISSION.
RALPH G. ONGIE
CITY CLERK '
°�� CITY OF MIAMI, FLORIDA
Publication of this Notice on the 15 day of November 1979
11/15 M79-111539