HomeMy WebLinkAboutR-89-05510
RESOLUTION NO. if) - SI -11`
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AGREEMENTSr1 IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, FOR A TWO-YEAR PERIOD WITH
PEOPLES NATIONAL BANK OF COMMERCE, TOTALBANK,
AND TRANSATLANTIC BANK FOR ESTABLISHING
SPECIAL DEPOSITORY BANK ACCOUNTS.
WHEREAS, the City of Miami has a Minority and Women -owned
Procurement Program to further the goal of increasing the total
annual volume of all procurement expenditures to minority and
women -owned business enterprises, authorizing for a minority and
women -owned business enterprise procurement set -aside for use by
the City Manager as may deem advisable; and
WHEREAS, the City has its regular banking services under
contract until December, 1989; and
WHEREAS, the City Manager has identified three revenue
sources to be deposited in three separate bank accounts when
received by the City and to be subsequently wire -transferred
within five (5) working days into the City's main depository
account; and
WHEREAS, the City currently has contracts for special
depository accounts with Minority and Women -owned banks which
have or are due to expire;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to
execute agreements�/in a form acceptable to the City Attorney,
for a two-year period, starting on or about July 1, 1989, for
special depository bank accounts as stated in the Request for.
4 Proposal, with banks specified in Sections 2, 3 and 4 of this
!" Resolution.
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,. The herein authorization is further subject
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to compliance with all requirements that may
be imposed by the City Attorney as prescribed
=tj by applicable City Code provisions.
CITY COMMISSION
MEETING OF i
JUN 7 1989
Section 2. Peoples National Bank of Commerce, a Black -
owned -Bank, is designated for the State Revenue Sharing Account.
Section 3. Totalbank, a Female -owned Bank is designated
for the Half -Cent Sales Tax Account.
Section 4. Transatlantic Bank, a Hispanic Bank, is
=' designated for the Community Development Grant Expenditures
Account.
Section 5. This Resolution shall become effective
immediately upon its adoption pursuant to law.
PASSED AND ADOPTED this 7th day of une 1989.
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XAVIER L. S AREZ, YOR
ATT
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MAT Y HIRAI -
�� CITY CLERK =
PREPARED AND APPROVED BY:
-M
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRE SS: _
J RGE L. FER ANDEZ `}=
CITY ATTORNBY
RFC:bss:M1079
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24
CITY OF MIAMI. FLORIDA
INTER -OFFICE
MEMORANDUM
To::
Honorable Mayor and Members
M AY����
DATE i"IMI�E
the City Commission
Resolution Authorizing
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_-
SUBJECT:
City Manager to Enter
Into Contract with
Minority & Female -Owned
FROM:
Cesar H. Odio
REFERENCES: Banks
City Manager
ENCLOSURES:
RECOMMENDATION
It is respectfully recommended
that the City Commission adopt the
attached resolution authorizing the City Manager to enter into �_
contracts with Peoples National Bank of Commerce, Totalbank and
Transatlantic Bank, Black, Women -Owned and Hispanic Owned Banks,
respectively, for establishing special bank accounts for a period
of two years ending in 1991.
BACKGROUND
The Finance Department recommends the continued establishment of
three depository bank accounts (which were established in 1987)
under the provisions of the Minority and Women Procurement
Program. These agcounts will be used specifically to receive the
following revenue items:
- Community Development Grant Funds
- State Revenue Sharing Revenue
- Half -Cent Sales Tax
In response to a request for proposals from Minority and Women -
Owned Banks for Establishing Special Bank Accounts for a period
of two years the following banks submitted proposals:
1. Peoplets National Bank of Commerce Black
2. Capital Bank Hispanic
3. Hemisphere National Bank Hispanic
4. Terra Bank Hispanic
5. Transatlantic Bank Hispanic
6. Totalbank Women
Peoples National Bank of Commerce and Totalbank were the only
Black and Female -Owned banks that responded to the Request for
Proposal.
IM
Minority & Female -Owned Banks
Page 2
Based on the information provided in their proposals the Hispanic
owned banks were ranked as follows:
1. Transatlantic Bank
2. Capital Bank
3. Terrabank
4. Hemisphere National Bank
The Finance Department recommends negotiating contracts with
Peoples National Bank of Commerce for the State Revenue Sharing
Account, with Totalbank for the Half -Cent Sales Tax Account and
Transatlantic Bank for the Community Development Grant funds.
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cc: Law Department
PROFESSIONAL SERVICES AGREEMENT
This Agreement entered into this day of by and
s
between the City of Miami, a municipal corporation of Dade
County, Florida, hereinafter referred to as "CITY" and
a Florida for profit
corporation, hereinafter referred to as "BANK".
WITNESSETH:
WHEREAS, THE CITY OF MIAMI COMMISSION, by Resolution
No. Passed and Adopted on authorized
the City Manager to enter into a contract for the establishment
s
of special bank accounts for a period of two years with selected
Minority and Women -Owned banks, and
WHEREAS, The City Commission selected the BANK to render
said services,
NOW, THEREFORE, in consideration of the promises and the
mutual covenants and obligations herein contained, and subject to
the terms and conditions hereinafter stated, the parties
understand and agree as follows:
TERM
The term of this Agreement shall be from
through
II.
SCOPE OF' SERVICES
The BANK will provide the following professional services as
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part of this Agreement:
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(1) Establish and maintain a City of Miami Account to
directly receive the funds from
into said account on a
monthly basis and will transfer said funds into the City's main
depository account, held with another bank, by wire transfer
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within five (5) working days from the original date of receipt of
said funds.
(2) The BANK will provide the City with monthly account
statements in addition to providing standard customer services
related to the account.
COMPENSATION
There will be no additional compensation or consideration
for the provision of services described in Section II.
IV.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS:
Both parties shall comply with all applicable laws,
Ordinances, and codes of Federal, State and Local Government,
Collateral:
The BANK was designated as a qualified Public Depository by
the Office of the Treasurer of the State of Florida, on
The BANK will maintain securities pledged to secure public
deposits as required by the Security for Public Deposits Act.
V.
GENERAL CONDITION:
A. All notices or other communications which shall or may be
given pursuant to this Agreement shall be in writing and shall be
delivered by personal service, or by registered mail addressed to
the other party at the address indicated herein or as the same
may be changed f rom time to time. Such notice shall be deemed
}liven on the day on which personally served; or, if by mail, on
the fifth day after being posted or the date of actual receipt,
whichever is earlier.
CITY OF MIAMI BANK
City of Miami
3500 Pan American Drive
Miami,, Florida 33133
B. Title and Paragraph headings are for convenient reference and
are not part of this Agreement.
C. In the event of conflict between terms of this Agreement and
any terms or conditions contained in any attached documents, the 40
terms in this Agreement shall rule.
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D. No waiver or breach of any provision of this Agreement shall
constitute a waiver of any subsequent breach of the same or any
other provision hereof, and no waiver shall be effective unless
made in writing.
E. Should any provision, paragraphs, sentences, words or phrases
contained in this Agreement be determined by a court of competent
jurisdiction to be invalid, illegal or otherwise unenforceable
under the laws of the State of Florida or the City of Miami, such
provisions, paragraphs, sentences, words or phrases shall be
deemed modified to the extent necessary in order to conform with
such laws, or if not modifiable to conform with such laws, then
same shall be deemed severable, and in either event, the
remaining terms and provisions of this Agreement shall remain
unmodified and in full force and effect.
VI.
OWNERSHIP OF DOCUMENTS:
All documents developed by BANK under this Agreement shall
be delivered to CITY by said BANK upon completion of the services
required pursuant to Paragraph II hereof and shall become the
property of -CITY, without restriction or limitation on its use.
BANK agrees that all documents maintained and generated pursuant
to this contractual relationship between CITY and BANK shall be
subject to all provisions of the Public Records Law, Chapter 119,
Florida Statutes.
It is further understood by and between the parties that any
information, writings, maps, contract documents, reports or any
other matter whatsoever which is given by CITY to BANK pursuant
to this Agreement shall at all times remain the property of CITY
and shall not be used by BANK for any other purposes whatsoever
without the written consent of CITY.
VII.
NONDELEGABILITY
That the obligations undertaken by BANK pursuant to Chis
Agreement shall not he delegated or assigned to any other person
or firm unless .CITY shall first consent in writing to the
performance or assignment of such service or any part thereof by
another person or firm.t`""J.�3
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AUDIT RIGHTS
CITY reserves the right to audit the records of BANK at any
time during the performance of this Agreement and for a period of
one year after final payment is made under this Agreement.
IX.
AWARD OF AGREEMENT
BANK warrants that it has not employed or retained any
person employed by the CITY to solicit or secure this Agreement
and that it has not offered to pay, paid, or agreed to pay any
person employed by the CITY any fee, commission percentage,
brokerage fee, or gift of any kind contingent upon or resulting
from the award of this Agreement.
X.
CONSTRUCTION OF AGREEMENT
This Agreement shall be construed and enforced according to
the laws of the State of Florida.
X1.
SUCCESSORS AND ASSIGN
=' This Agreement shall be binding upon the parties herein,
their heirs, executors, legal representatives, successors, and
assigns.
XII.
INDEMNIFICATION
BANK shall indemnify and save CITY harmless from and against
any and all claims, liabilities, losses, and causes of action
which may arise out of BANK's activities under this Agreement,
including all other acts or omissions to act on the part of BANK, f
including any person acting -for or on its behalf, and, from and
against any orders, judgements, or decrees which may be entered
and from and against all costs, attorney's fees, expenses and
liabilities incurred in the defense of any such claims, or in the
investigation thereof. BANK shall maintain Bankers Blanket Bond
during the term of this Agreement with a "discovery" period
demonstrating sound business practices.
89 -551, ti
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XIII
CONFLICT OF INTEREST
A. BANK covenants that no person under its employ Who presently
exercises any functions or responsibilities in connection with
this Agreement has any personal financial interests, direct or
indirect with CITY. BANK further convenants that, in the
performance of this Agreement, no person having such conflicting
interest shall be employed. Any such interests on the part of
BANK or its employees, must be disclosed in writing to CITY.
B. BANK is aware of the conflict of interest laws of the City of
Miami (City of Miami Code Chapter 2, Article V), Dade County
Florida (Dade County Code Section 2-11.1) and the State of
Florida, and agrees that it shall fully comply in all respects
with the terms of said laws.
XIV.
INDEPENDENT CONTRACTOR
BANK and its employees and agents shall be deemed to be
independent contractors, and not agents or employees of CITY, and
shall not attain any rights or benefits under the Civil Service
or Pension Ordinances of CITY, or any rights generally aiforded
classified or unclassified employees; further it shall not be
deemed entitled to the Florida Workers' Compensation benefits as
an employee of CITY.
XV.
TERMINATION OF CONTRACT
CITY retains the right to terminate this Agreement at any
time prior to the completion of the
services required pursuant to
Paragraph II hereof without penalty
to CITY.
In that event, notice of termination of this Agreement shall
be in writing to BANK, who shall
be paid for those services
performed prior to the date of
its receipt of notice of
termination. In no case, however,
will CITY pay BANK an amount
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in excess of the total sum provided
by this Agreement.
It is hereby understood by and between CITY and BANK that
any payment made in accordance with
this Section to BANK shall be
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made only if said BANK is not in
default. If said BANK is in
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default then CITY shall in no way be obligated and shall not pay
to BANK any sum whatsoever.
XVI.
NONDISCRIMINATION
BANK agrees that it shall not discriminate as to race, sex,
color, creed, or national origin or handicap in connection with
its performance under this Agreement.
XVII.
MINORITY PROCUREMENT COMPLIANCE
BANK acknowledges that it has been furnished a copy of
Ordinance No. '10062, the Minority Procurement Ordinance of the
City of Miami, and agrees to comply with all applicable
substantive and procedural provisions therein, including any
amendments thereto.
XVIII
CONTINGENCY CLAUSE
Funding for this Agreement is contingent on the availability
of funds and continued authorization for program activities and
is subject to amendment or termination due to lack of funds, or
authorization, reduction of funds, and/or change in regulations.
XIX.
DEFAULT PROVISION
In the event that BANK shall fail to comply with each and
every term and condition of this Agreement or fails to perform
any of the terms and conditions contained herein, then CITY, at
its sole option, upon written notice to BANK may cancel and
terminate .this Agreement, and all payments, advances, or other
compensation paid to BANK by CITY while BANK was in default of
the provisions herein contained, shall be forthwith returned to
CITY.
XX.
ENTIRE AGREEMENT =_
This instrument and its attachments constitute the sole and
only Agreement of the parties hereto relating to said grant and
correctly sets forth the rights, duties, and obligations of each
to the other as of its date. Any prior agreements promises,
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negotiations, or representations not expressly set forth in this
Agreement are of no force or effect.
xxl.
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AMENDMENTS
No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by the respective officials thereon to
be duly authorized, this the day and year first above written.
CITY OF MIAMI, a municipal
corporation of the State of
ATTEST: Florida
MATTY HIRAI
CITY CLERK
ATTEST:
CORPORATE SECRETARY
APPROVED BY:
By: CESAR H. ODIO
CITY MANAGER
BANK
By:
PRESIDENT & CEO
BUDGET REVIEW:
ROBERT F. CLARK MANOHAR S. SURANA, DIRECTOR
CHIEF DEPUTY CITY ATTORNEY BUDGET DEPARTMENT
APPROVED AS TO FORM FINANCE REVIEW:
AND CORRECTNESS:
JORGE L. FERNANDEZ,
CITY ATTORNEY
CARLOS E. GARCIA, DIRECTOR
DEPARTMENT OF FINANCE
"MRANDUM OF VOTING vONFLI T FOR
MUNICIPAL ,AND OTHER LOCAL PUBLIC IFS E
_uln,u a MAW I Ip1p.ME of @OARM trvmCit, CU"MISSION. AUTHORITY. Ei
KENNEDY. Rosario
3500 Pan American Drive
Miami Dade
tMTE O* MI1: W(VaREU
June 7, 1989
THE wKRQt COVr+t: iL, tv M MISSION. A[JTHORtTY.
WHICH MIME tS A VNII OF:
A'!
X C11Y "OUNTY • plr6ltR IDUAt AGENCY •.w' �` J
f1. ,
At.
Commissioner
POSITION IS: X. FLEETIVE
WHO MUST FILE FORM a
A 1101N7iVE
This form is for use by any person serving at the county, city, or other iomi level of government on an appointed or elected board,
council, commission, authority, or committee. it applies equally to members of advisory and non -advisory bodies who are presented
with a voting conflict of interest under Section 112.3143. Florida Statutes. The requirements of this law are mandatory; although
the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law.
Vour responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this mason. please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION "2.3443, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
to his sNcial private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
1n either case. you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
ahich you are abstaining from voting; and
WITHIN 15 DAPS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OPENS:
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before snaking any attempt to influence the decision by octet or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
e You should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
• A copy of the form should be pto+'ided immediately to the other members of the agency.
• The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
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If YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
e You should disclose orally the nature of your conflict in the treasure before panicipatins.
• You should complete the form and file it within IS days after the vote emcurs with the person responsible for recording the minutes
of the meeting. who should incorporate the form in the minutes.
DISCLOSURE OF LOCAL OFFICER1 WIRREST
I, Fosaxio Kannpadx . hereby disclose that on Junc .7 . 19- as
(a) A treasure come or will come before my agency which (check one)
inured to my special private fain; or ,f
inured to the s a) m of�k�� �{ I
peel p' , by whom t am retained.
(b) The measure before my asency and the nature of my interest in the measure is as follows:
Item 24, Resolution 89-551: authorizing the City Manager to execute
agreements, in a form acceptable to the City Attorney, for a
two-year period with Peoples National Bank of Commerce,
Totalbank, and TransAtlantic Bank for establishing special
depository bank accounts.
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Date Filed
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NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 1112.317 (1985). A FAILURE TO MADE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED SS,000.
FORA
COUNTY,
F NAME -Plait NAP,
DE YURRE ,
IBB MEMORANDUM OF VOTING15ONFLICT FOR
MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
-MID 1.I NAME I NAME or amV I R COUNCIL, CIDWAMISSION, AUTHORITY. OR COMMITTI
Victor
3500 Pan American Drive
Miami
Od►TE 0% WNIC'N Volt VXV
June 7, 198
THE aiMRG COUNCIL MUMISSION. WTHIOMITY, OR COMMITTEE OI
WHICH I SEltvt: IS A UNIT OV
xC'IIT CTIUNTY 'MEItIbC'AI AGENCY:
clnlrNTY
NAME OF I'MITICAI. WNDIYtSmON (
Dade
Commissioner `
WHO MUST FILE FORM "
X ELt2C`TIYE At'r"b1NTiYE
a.
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commissio . authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although
the use of this panicular form is not tequirrd by law, you are encouraged to use it in making the disclosure required by law.
Your responsibilities under the Is* when faced with a measure in which you have a conflict of interest will vary greatly depending
on %hether you hold an elective or appointive position. For this mason, please pay close attention to the instructions on this form
before completing the rc%Trw side and riling the form.
i�
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 'H2.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding electi%c county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by
publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN IS DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
The minutes of the meeting, who should incorporate the form in the minutes.
APPOI%'TED OFFICERS:
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is M-Wned.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BETAKEN.
• You should complete and fair this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
• A copy of the form should be provided immediately to the other members of the agency.
• The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
If YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT RY DISCUSSION AT THE MEETING:
e You ttlrould disclose orally the nature of Your conflict in the measure before panicipatins.
• You should complete the form and file it within 1S days after the vote occurs with the pet sots responsible for recording the minutes
of the meeting, who should incorporate the form In the minutes.
DISCLOWRE OF LOCAL OFFICI R'S faMWEST
1. ....... DO YUL-re . herein' disclose that on J113av_7 • i9- 8,95L:
(a) A measure come or will come before my agency which (check one)
inured to my special private pin; or
_.xinured to the special gain of TransAtlantic Bank by whom i we retained
have een
W The measure before my agency and the nature of my interest in the measure is as follows:
Item 24, Resolution 89-551: authorizing the City Manager to
execute agreements,.in a form acceptable to the City Attorney,
for a two-year period with Peoples National Bank of Commerce,
Totalbank, and TransAtlantic Bank for establishing special
depository bank accounts.
June 13, 1989
Date Filed
Signat w
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 6112.317 (1985). A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED S5.000.
rI FORM an 1&56
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