RES 1999-1616 - Agmt with Legal Aid Society for supportive housing funding /'5,./•e e.r
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• DNyAHA•�Fb (1 t� Manning Department
U�)�``� ; 0 �j l Omaha/Douglas Civic Center
LT?�h'T ��'rrA�i 99 JUN I i p 18 arnam Street,Suite 1100
;Or ! 3ha,Nebraska 68183-0110
off- rooR BRJ�y (402)444 5200June 22, 1999 CtTl " , (402)444-5150
4TDFEr ONA !b
1,4EL;p,A s K 4y Telefax(402)444-6140
City of Omaha Robert C.Peters
Hal Daub,Mayor Acting Director
Honorable President
and Members of the City Council,
The attached proposed Resolution approves a subrecipient Agreement between the City of Omaha
and Legal Aid Society,a Nebraska Non-Profit Corporation,500 South 18th Street,Omaha,Nebraska
68102, for Fiscal Year 1998 Continuum of Care Supportive Housing Funding in the amount of
$161,887.00. These supportive housing funds will be used to assist homeless families and
individuals by providing legal services.
The Legal Aid Society project is one of six projects approved by HUD for 1998 Supportive Housing
funding. The City Council previously approved the acceptance of the HUD funds for this project.
The Contractor has on file a current Annual Contract Compliant Report Form (CC1). As is City
policy, the Human Relations Director will review the contractor to ensure compliance with the
Contract Compliance Ordinance.
We urge your favorable consideration of this Resolution.
Sincerely, Referred to City Council for Consideration:
ZIAL-
Robert C. Peters Date Mayor's Office/Title Date
Acting Planning Director
Approved as to Funding: Approved:
•
-5-- D ./Fig/Te a.t.ted
/1.) •it
Louis A. D'Erco e i S6 D e George . Davis, Jr. D to
Finance Director l��`' Human Relations Director
P:\PLN3\71.18.MAF
AGREEMENT
THIS AGREEMENT is entered into by and between the City of Omaha, a Municipal
Corporation in Douglas County, Nebraska(sometimes hereinafter referred to as "City") and Legal
Aid Society, a Nebraska Non-Profit Corporation, 500 South 18th Street, Omaha, Nebraska 68102
(sometimes hereinafter referred to as "Contractor") on the terms, conditions and provisions as set
forth below:
RECITALS:
WHEREAS, the City of Omaha is a municipal corporation located in Douglas County,
Nebraska, and is organized and exists under the laws of the State of Nebraska, and is authorized and
empowered to exercise all powers conferred by the State constitution, laws, Home Rule Charter of
the City of Omaha, 1956, as amended, and local ordinances including,but not limited to, the power
to contract; and,
WHEREAS, on April 30, 1998, the U. S. Department of Housing and Urban Development
published in the Federal Register a Notice of Funding Availability for Continuum of Care Homeless
Assistance designed to help communities develop Continuum of Care systems to assist homeless
persons; and
WHEREAS, the Omaha Area Continuum of Care for the Homeless is comprised of
organizations providing shelter and services to homeless individuals and families on an area-wide
basis; and,
WHEREAS,the City of Omaha undertook an inclusive community process for developing
and implementing a Continuum of Care strategy which included participation of the membership of
the Omaha Area Continuum of Care for the Homeless; and, •
WHEREAS,the City of Omaha developed and submitted to the U.S.Department of Housing
and Urban Development a consolidated application with the Visiting Nurse Association; Family
Service;Legal Aid Society, Inc.; Housing and Neighborhood Developers,Inc.; the Paxton,Inc.; and
the Charles Drew Health Center for Continuum of Care - Supportive Housing funding; and,
WHEREAS,on January 13, 1999,the U. S. Department of Housing and Urban Development
notified the City of Omaha of the conditional selection of its consolidated application for funding
under the Fiscal Year 1999 Supportive Housing Program; and,
WHEREAS, the U. S. Department of Housing and Urban Development has awarded Legal
Aid Society Supportive Housing funds in the amount of$161,887.00 and has assigned the grant
number NE26B801004 for the Legal Aid Society project; and,
WHEREAS, Supportive Housing Assistance for Omaha's Continuum of Care programs will
help provide a much needed comprehensive approach to develop and implement housing and service
delivery programs to help homeless individuals and families move to permanent living and self-
sufficiency to the extent possible.
NOW,THEREFORE,in consideration of these mutual covenants,Legal Aid Society and the
City of Omaha do hereby agree as follows:
SECTION 1. DEFINITIONS - ABBREVIATIONS
1.1 "City" shall mean- the City of Omaha, a Nebraska Municipal Corporation.
1.2 "Contractor" shall mean - Legal Aid Society, a non-profit corporation, 500 South
18th Street, Omaha, Nebraska 681.02. (See Exhibit "A")
1.3 "Director" shall mean - the Planning Department Director of the City of Omaha.
1.4 "Recipient" shall mean - the City of Omaha.
1.5 "Subrecipient" shall mean - a public or private non-profit agency, authority or
organization receiving Continuum of Care Homeless Assistance Supportive Housing
funds to undertake eligible activities. In this Agreement, the subrecipient is Legal
Aid Society.
1.6 "HUD" shall mean -the U. S. Department of Housing and Urban Development.
1.7 "Supportive Housing Program(SHP)" shall mean-the program conducted under the
provisions of Title IV, Subtitle C, of the Stewart B. McKinney Homeless Assistance
Act (McKinney Act) as amended, (42 USC 11381) and the Code of Federal
Regulations (24 CFR Part 583).
1.8 "SHP Funds" shall mean - that portion of the Supportive Housing Program Grant
awarded to the City as may be available during Program years 1999, 2000, and 2001
for the use specified herein, in an amount not to exceed $161,887.00 subject to the
terms, conditions, and requirements of said Grant.
1.9 "Homeless Person" shall mean - an individual or family who lacks a fixed, regular,
and adequate nighttime residence; and an individual or family who has a primary
nighttime residence that is: 1) a supervised publicly or privately operated shelter
designed to provide temporary living accommodations (including welfare hotels,
congregate shelters, and transitional housing for the mentally ill), 2) an institution
that provides a temporary residence for individuals intended to be institutionalized,
or 3)a public or private place not designed for,or ordinarily use as,a regular sleeping
accommodation for human beings.
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1.10 "OACCH Management and Information System" shall mean - a client-specific
homeless services information system for homeless recover that standardizes the
assessment of consumer needs,creates individualized service plans, and records the
use of housing and services.
1.11 "Application" shall mean-the Legal Aid Society application submission,on the basis
of which the SHP Funds were approved by HUD, including any certifications and
assurances and any information or documentation required to meet any SHP Funds
conditions. The "Application" is contained in Exhibit "B", incorporated herein by
this reference.
1.12 "Omaha Area Continuum of Care for the Homeless" or "OACCH" shall mean -the
coordinated and responsive network of programs and services providing emergency,
transitional, and supportive shelter and supportive services to the Omaha area's
homeless individuals and families, or near homeless individuals and families.
SECTION 2. DUTIES AND CONDITIONS OF CITY FINANCING
2.1 Subject to and conditioned upon actual receipt of same, the City agrees to make
available to the Contractor,in the form of a grant,One Hundred Sixty-One Thousand
Eight Hundred Eighty-Seven Dollars ($161,887.00) in SHP Funds, HUD Grant No.
NE26B801004, for the purposes set forth in this Agreement and as detailed in
Exhibit "C" Scope of Work, incorporated herein by this reference.
2.1.1 City funding pursuant to this Section shall be contingent upon receipt of and
subject to the availability of SHP funds in amounts adequate to meet any
contractual obligations in force upon the date of execution of the Agreement
as well as this proposed obligation. Should adequate funding not be
available, the City shall notify the Contractor as soon as reasonably possible.
At this time, the responsibilities of the Contractor under Section 3 of this
Agreement shall be released,the provisions of Section 5, Paragraph 5.10 will
be exercised and the Agreement will be terminated.
2.1.2 Reimbursement shall be on a monthly basis for the attached budget line item
expenditures. Payments shall be made on the basis of monthly requests for
payment and shall be reimbursements for actual expenditures. The Annual
Operating Budget is attached as Exhibit "D".
2.1.3 Monthly billing shall be submitted to the Director by Contractor with the
monthly progress report. The monthly bill and progress report is due not later
than fifteen (15) days following each monthly reporting period.
2.1.4 The City shall review and monitor the required monthly reports that identify
the progress/accomplishments of Contractor on the activities included in this
Agreement and on contracts entered into with third parties pursuant thereto.
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2.1.5 The City shall prepare monthly payment vouchers for Contractor based upon
the Contractor's monthly progress report and request for payment.
2.1.6 The City shall retain and use Seven Thousand Seven Hundred and Eight
Dollars ($7,708.00) of the SHP Funds for any eligible administrative
expenses it may incur.
2.1.7 The Legal Aid Society shall use the remaining One Hundred Fifty-Four
Thousand One Hundred Seventy-Nine Dollars ($154,179.00) in SHP Funds
for the purposes set forth in this Agreement (See Exhibit "C" Scope of
Work).
2.1.8 No financial assistance provided pursuant to this Agreement may be used to
replace State or local funds previously used, or designated for use, to assist
homeless persons.
2.1.9 The City may deobligate the remaining amounts for services in any year if the
actual cost of services for that year is less than the total cost anticipated in the
Application.
SECTION 3. DUTIES AND RESPONSIBILITIES OF THE CONTRACTOR
3.1 The Contractor shall use the SHP Funds to assist homeless individuals and families
in the Omaha Area Continuum of Care for the Homeless. This shall be accomplished
by:
3.1.1 Providing legal services to homeless individuals residing in shelters and
transitional living programs participating in the Omaha Area Continuum of
Care for the Homeless. Such legal services shall be based on individual
needs and shall be related to, among other things, domestic violence, Social
Security benefits, unemployment benefits, and housing.
3.2 The Contractor shall submit an operating budget by line item indicating all proposed
expenditures and sources of revenue for the 1999 program year(See Exhibit "D").
3.3 The Contractor shall submit monthly progress report to the Director delineating
Contractor's accomplishments for the previous 30 day period on the specific activities
undertaken pursuant to this Agreement.
3.4 The Contractor shall submit monthly financial reports to the Director delineating the
revenue and line item expenditures for Contractor's services undertaken pursuant to
this Agreement. In addition, a monthly check register is to be submitted listing each
expenditure by check number, payee, date and amount.
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3.5 The Contractor shall comply with all provisions and regulations of the Supportive
Housing Program and have an annual audit completed in compliance with OMB
Circular A-133. A copy of the audit shall be provided to the Director. OMB Circular
A-133 is attached to this Agreement as Exhibit "E". The auditor shall determine the
appropriate type of audit to be conducted; i.e., limited scope or full compliance. A
single audit is not an allowable expense unless the subrecipient expends total Federal
funds over$300,000.00 in each fiscal year. A limited-scope audit may be allowable
provided the auditor conducts the audit in accordance with generally accepted
auditing standards and the subrecipient expense less than$300,000.00 in each fiscal
year.
3.6 The Contractor specifically hereby states, agrees and certifies that it is familiar with
the limited purpose set forth in the Federal Laws, Rules and Regulations, and in the
laws of the State of Nebraska,for which personal information requested may be used
and that the information received will be used solely for those limited purposes and
not to harass, degrade, or humiliate any person. The information released shall be
used solely for the limited purpose stated, and the Contractor further agrees to
indemnify and hold harmless the City of Omaha for any liability arising out of the
improper use by the contractor of information provided.
3.7 The Contractor shall maintain such records and accounts, including property,
personnel and financial records, as are deemed necessary by the City to assure a
proper accounting for all expenses. The Comptroller General of the United States of
America or any duly authorized representatives, or any duly authorized
representatives of the City of Omaha, as approved by the Planning Director, shall
have access to any books,documents,papers,records and accounts of the Contractor
or subcontractors which are directly pertinent to this undertaking for the purpose of
making audit,examination, excerpts and transcriptions. Such records and accounts
shall be retained for five years from the contract period completion. Any contract
entered into by the Contractor with any Subcontractors shall include this Section to
ensure said access.
3.7.1 The Contractor shall keep any records and make any reports (including those
pertaining to race,ethnicity,gender, and disability status data)that HUD may
require within the time frame required.
3.8 The Contractor shall provide an annual assurance, in writing to the Director, for each
year SHP Funds are received that the project will be operated for the purpose
specified in the Application.
3.9 The Contractor shall conduct an ongoing assessment of the supportive services
required by the residents of projects and the availability of such services, and make
adjustments as appropriate.
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3.10 The Contractor shall provide for the consultation and participation of not less than
one homeless person or formerly homeless person on the board of directors or an
equivalent policy making entity of the Contractor, to the extent that such entity
considers and makes policies and decisions regarding any project, services, or
assistance provided pursuant to this Agreement.
3.10.1 This requirement may be waived, in writing by HUD, if the Contractor is
unable to meet it and presents an acceptable plan to otherwise consult with
homeless or formerly homeless persons in considering and making such
policies and decisions.
3.11 The Contractor must, to the maximum extent practicable, involve homeless
individuals and families, through employment, volunteer services, or otherwise, in
constructing,rehabilitating,maintaining, and operating the project and in providing
supportive services for the project.
3.12 The Contractor must comply with Section 504 of the Rehabilitation Act of 1973 in
the provision of reasonable accommodation to perspective clients and must adopt
procedures to make available information on the existence and locations of facilities
and services that are accessible to persons with a handicap and maintain evidence of
implementation of the procedures.
3.13 The Contractor shall regularly and reliably attend OACCH monthly meetings,ensure
that all program information is listed in the OACCH Directory, participate in the
OACCH colleague feedback process, install and implement the OACCH
Management and Information System, participate in the OACCH monthly housing
count(as applicable) and attend the annual State of Nebraska "Affordable Housing
and Homelessness Conference".
SECTION 4. TERM OF THE AGREEMENT
This Agreement shall be in full force and effect from May 1, 1999, through and including
April 30, 2002.
SECTION 5. CONSIDERATION
5.1 In consideration of the services herein provided,the City agrees to pay Contractor the
sum of One Hundred Fifty-Four Thousand One Hundred Seventy-Nine Dollars
($154,179.00) in SHP Funds.
5.2 The City shall retain and use Seven Thousand Seven Hundred and Eight Dollars
($7,708.00) of the SHP Funds for any eligible administrative expenses it may incur.
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SECTION 6. PROVISIONS OF THE AGREEMENT
6.1 Equal Employment Opportunity/Section 3 Clause. Attached hereto as Exhibits "F"
and "G", and made a part hereof by this reference, are the equal employment
provisions of this Agreement.
6.2 Non-Discrimination. The Contractor shall not,in the performance of this Agreement,
discriminate or permit discrimination in violation of federal or state laws or local
ordinances because of race, color, handicap, familial status, sex, age, political or
religious opinions, affiliations or national origin.
6.3 Captions. Captions used in this Agreement are for convenience and are not used in
the construction of this Agreement.
6.4 Applicable Law. Parties to this Agreement shall conform with all existing and
applicable City ordinances,resolutions, state laws,federal laws, and all existing and
applicable rules and regulations. Nebraska law will govern the terms and the
performance under this Agreement.
6.5 Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter,no elected
official or any officer or employee of the City shall have a financial interest, direct
or indirect,in any City agreement. Any violation of this section with the knowledge
of the person or corporation contracting with the City shall render the Agreement
voidable by the Mayor or Council.
6.6 Merger. This Agreement shall not be merged into any other oral or written
agreement, lease or deed of any type.
6.7 Modification. This Agreement contains the entire agreement of the parties. No
representations were made or relied upon by either party other than those that are
expressly set forth herein. No agent,employee,or other representative of either party
is empowered to alter any of the terms herein unless done in writing and signed by
an authorized officer of the respective parties, pursuant to Section 10-142 of the
Omaha Municipal Code.
6.8 Assignment. The Contractor may not assign its rights or obligations under this
Agreement without the express prior written consent of the City.
6.9 Strict Compliance. All provisions of this Agreement and each and every document
that shall be attached shall be strictly complied with as written, and no substitution
or change shall be made except upon written direction from authorized
representatives of the parties.
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6.10 Termination. This Agreement may be terminated by either party upon thirty (30)
days written notice to the other party. Said notice shall be given when received by
certified mail at the other party's usual place of business. This Agreement may also
be suspended or terminated in accordance with 24 CFR 85.43, Enforcement or
24 CFR 85.44,Termination for Convenience(Exhibit"H"). Upon termination of this
Agreement all funds and interest in any account hereunder shall become the property
of the City and shall be returned to the City.
6.11 Indemnification. The Contractor shall indemnify and hold the City harmless from
and against: (1)any and all claims arising from contracts between the Contractor and
third parties made to effectuate the purposes of this Agreement; and, (2) any and all
claims,liabilities or damages arising from the preparation or presentation of any of
the work covered by this Agreement.
6.12 Nebraska Law. This Agreement shall be a contract made under and governed by the
laws of the State of Nebraska.
6.13 Unenforceable Provisions. Any provision of this Agreement which is prohibited or
unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the
extent of such prohibition of enforceability without invalidating the remaining
provisions hereof or affecting the validity or enforceability of such provision in any
other jurisdiction.
6.14 Disclosure of Lobbying. The Contractor shall certify and disclose, to the best of its
knowledge and belief, that:
(a) No Federal appropriated funds have been paid or will be paid,by or on behalf
of the undersigned, to any person for influencing or attempting to influence
an officer or employee of Congress,or an employee of a Member of Congress
in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement,and the extension,continuation,renewal, amendment
or modification of any Federal contract,grant,loan or cooperative agreement.
(b) If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress,or an employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions.
(c) The language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
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6.15 Subrecipients. The Contractor shall comply with the requirements and the standards
of OMB Circular No. A-122, "Cost Principles for the Nonprofit Organizations"
(Exhibit "I"), and with the requirements of Attachments A, B, C, F, H,N and 0 to
OMB Circular A-110 (Exhibit "J").
6.16 Drug-Free Workplace. The Contractor is subject to the requirements of Sections
5151-5160 of the Drug-Free Workplace act of 1988 and HUD's implementing
regulations at 24 CFR Part 24 (See Exhibit "K").
6.17 Use of Debarred. Suspended, or Ineligible Contractors. The provisions of 24 CFR
Part 24 shall apply to the employment, engagement of services, awarding of
contracts, or funding of any contractors or subcontractors during any period of
debarment, suspension, or placement in ineligibility status (See Exhibit "L").
SECTION 7 AUTHORIZED REPRESENTATIVES
In further consideration of the mutual covenants herein contained,the parties hereto expressly
agree that for purposes of notice, including legal service of process, during the term of this
Agreement,and for the period of any applicable statute or limitations thereafter,the following named
individuals shall be authorized representatives of the parties.
(1) City of Omaha
Director, Planning Department
Omaha/Douglas Civic Center
1819 Farnam Street
Omaha,NE 68183
(2) Legal Aid Society
Mr. Milo Alexander, Executive Director
500 South 18th Street
Omaha,NE 68102
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IN WITNESS WHEREOF,the parties have executed this Agreement as of the dates indicated
below.
ATTEST: CITY O;• OMAH;
C E C O HE CITY OF OMAHA MAYOR OF THE CITY OF OM A ' • e,
WITNESS: LEGAL AID SOCIETY:
(49,/,6 0--ea/ P-79-r
Milo Alexander, Executive Director
5//7/99 // -07
Date Date
APPROVED AS TO FORM:
SSISTANT CITY ATTORNEY -
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SCHEDULE OF EXHIBITS
Agreement
Exhibit Location Description
A 1.2 Articles of Incorporation and Board of Directors
B 1.11 Application
C 2.1, 3.1 Scope of Work
D 2.1.2, 3.2 Annual Operating Budget
E 3.5 OMB Circular A-133
F 6.1 Equal Employment Opportunity Clause
G 6.1 Affirmative Action Plan
H 6.10 Termination- CFR 85.43 and CFR 85.44
I 6.15 OMB Circular A-122
J 6.15 OMB Circular A-110
K 6.16 Drug-Free Workplace
L 6.17 Use of Debarred, Suspended or Ineligible Contractors
Exhibits identified herein are made a part hereof by reference and are a part of the provisions of the
Agreement. Exhibits B and E through L are on file in the Planning Department.
P:\PLN3\7120.MAF
40
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c-25a •F CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr June 22 19 99.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, on April 30, 1998, the U. S. Department of Housing and Urban
Development published in the Federal Register a Notice of Funding Availability for Continuum of
Care Homeless Assistance designed to help communities develop Continuum of Care systems to
assist homeless persons; and,
WHEREAS,the Omaha Area Continuum of Care for the Homeless is comprised of
organizations providing shelter and services to homeless individuals and families on an area-wide
basis; and,
WHEREAS, the City of Omaha undertook an inclusive community process for
developing and implementing a Continuum of Care strategy which included participation of the
membership of the Omaha Area Continuum of Care for the Homeless; and,
WHEREAS,the City of Omaha developed and submitted to the U. S. Department of
Housing and Urban Development a consolidated application with the Visiting Nurse Association;
Family Service;Legal Aid Society,Inc.; Housing and Neighborhood Developers, Inc.; The Paxton,
Inc.; and the Charles Drew Health Center for Continuum of Care-Supportive Housing funding; and,
WHEREAS, on January 13, 1999, the U. S. Department of Housing and Urban
Development notified the City of Omaha of the conditional selection of its consolidated application
for funding under the Fiscal Year 1998 Supportive Housing Program; and,
WHEREAS,the U. S. Department of Housing and Urban Development has awarded
Legal Aid Society Supportive Housing funds in the amount of$161,887.00, and has assigned the
grant number NE26B801004 for the Legal Aid Society project; and,
WHEREAS,the Legal Aid Society will use the Supportive Housing Program funds
to provide legal services to homeless persons; and,
By
Councilmember
Adopted
City Clerk
Approved
Mayor
C-25A Y
r : CITY OF OMAHA .
•
LEGISLATIVE CHAMBER
•
Omaha,Nebr J.urxe...11 19....99..' .�
PAGE 2 •
WHEREAS, Supportive Housing assistance for Omaha's Continuum of Care-
programs will help provide a much needed comprehensive approach to develop and implement
housing and service delivery programs to help homeless individuals and families move to permanent
living and self-sufficiency to the extent possible.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT,the attached Agreement, as recommended by the Mayor,between the City of
Omaha and Legal Aid Society, a Nebraska Non-Profit Corporation, 500 South 18th Street, Omaha,
Nebraska 68102,for Supportive Housing funding in the amount of$161,887.00 to be used to provide
legal services to homeless persons, is hereby approved. Funds in the amount of$161,887.00 shall
be paid from the Continuum of Care Supportive Housing Grant,Fund 190, Organization 8016.
APPROVED AS TO FORM:
006'-/157-e) 9
ASSISTANT CITY ATTORNEY DATE
P:\PLN3\7119.MAF
By RuA-0
Councilmember .
Adopted .:.N..2... 1999 '-a
PifOti st ,, Clerk
Approv- : Zr
Mayor
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