HomeMy WebLinkAboutR-88-1051J-88-889
09/23/88
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMEIIT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH CENTURY FINANCIAL
SERVICES, INC. TO PROVIDE PROFESSIONAL
SERVICES IN THE 14ATLTRF OF TAKING THE GROUP
BENEFITS PRUGRAI1 OUT TO BID FOR THE PURPOSE
OF IMPLEMENTING A MULTIPLE OPTION - MANAGED
CARE MEDICAL PROGRAM FOR THE PERIOD OF FIVE
MONTHS AT A MAXIMUM COST OF $28,000;
ALLOCATING FUNDS FROM THE DEPARTMENT OF
PERSON14EL MANAGEMENT'S TRUST AND AGENCY
BUDGET, SUBJECT TO THE AVAILABILITY OF FUNDS.
WHEREAS, this service will be used to assist the Department
of Personnel Management in performing all work related to the
planning, bidding, analyzing and implementing phases associated
with bidding the City's group benefits program; and
WHEREAS, the Consultant has expressed a desire to perform
the required services; and
WHEREAS, the City Manager and the Assistant City Manager for
the Department of Personnel Management recommend that this five
(5) month agreement for consulting services to be provided by
Century Financial Services, Inc. be approved; and
WHEREAS, funding is available in the Department of Personnel
Management's Trust and Agency operating budget to cover the cost
of said agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Manager or designee is hereby
authorized to execute an agreement, in substantially the attached
form, with Century Financial Services, Inc. to provide
professional services related to the planning, bidding, analyzing
and implementing phases associated with bidding the City's group
benefits program at a proposed cost not to exceed $28,000,with
funds therefor being hereby allocated from the Department of
Personnel Management's Trust and Agency Operating Budget.
AT TA "I"'T0
CITY COMMISSION
MEETING OF
NOV 3 11988
RESOLUTION No. 88-10
REMARKS:
L
T r
Section 2. ' 'The City Manager is hereby authorized to
instruct the Chief Procurement Officer to issue a Purchase Order
for this service, subject to the availability of funds.
PASSED AND ADOPTED this 3rd day of
1988.
ATTEST:
ITY CLERK
BUDGETARY REVIEW:
i
i �.
NOHAR S. S A, DIRECTOR
DEPARTMENT OF DGET
FINANCIAL REVIEW:
(Pa. / '/--
CAR ARCIA, DIRECTOR
DEPAR NT OF FINANCE
PREPARED AND APPROVED BY:
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
J ERDEZ
CITY AT
November
f
41.0FESSIONAL SERVICES ACREECT
This Agreement entered into this day of ,
1988, by and between the City o` Miami, a muniripal. corporation
of the State of Florida, hereinafter relerred to as "CITY", and
Century Financial Services, a Florida For -Profit Corporation,
hereinafter referred to as "CONSULTANT."
R E C I T A L:
WHEREAS, the CITY requires professional services in the
nature of taking the CITY'S group benefits program out to bid for
the purpose of implementing a multiple option - managed care
medical plan; and
WHEREAS, the CONSULTANT has demonstrated the ability and
expressed a desire to perform the required services for the CITY;
NOW, THEREFORE, for and in consideration of mutual covenants
herein contained, the parties hereto agree as follows:
I.
TERN:
This Agreement shall commence November 3, 1988 for the
purposes of taking the CITY-S group insurance program out to bid
and shall terminate March 31, 1989.
II.
SCOPE OF SERVICES
Phase 1- Bid Specification Data Base
CONSULTANT shall assist the CITY in examining the impact of
consolidating the City and IAFF benefits programs from a redesign
standpoint based on the City's analysis of the medical
utilization patterns of both groups. Review the multiple option
plan designed by the health care subcommittee and recommend any
changes for their review prior to going out for bid. Research
carriers and/or third party payers capable of administering a
"multiple option" plan which meets the City's needs.
Phase 2- Preparation of Bid Document
CONSULTANT shall assist the CITY in c,)mpilina, analyzing and
formatting each of the data elements connected with the two group
insurance plans covering a) Executives/Manage -Ial Confidential
and AFSCME and b) Firefighters. Fornulate benefit, funding and
vendor ;election strategies necessary to consolidate the present
plans Into a "managed care" program and wrLte the 9 L d
Specifications.
Phase 3- Vendor Selection
CONSULTANT shall assist the CITY in the Bid distribution.
Answer questions, supplying any needed support information and
i
motivating and sustaining vendor carrier interest. Analyze bid
submissions, clarify any vague responses involving benefits,
support services and funding. "Spread sheet" results and
recommend finalists. Assist in the selection of the finalist
vendor.
Phase 4- Implementation
CONSULTANT shall assist the CITY in overseeing
implementation process involving final review of plan documents
and reports and should the CITY desire, shall assis.t the CITY in
preparing documents necessary to implement a Section 125 Salary
Reduction Arrangement to accommodate any employee contributions
in a tax favored way.
The CITY agrees to provide the CONSULTANT with historical
claims experience data, census information, plan documents,
funding agreements, stop loss agreements, rating/renewal
information, utilization information and catastrophic medical
loss history pertaining to members of (a) the Equitable Life
insured and ASI welfare benefit plans as well a-s Health Options,
CIGNA and Humana HMOs and (b) the ASI self insured/HMO program
(Firefighters Union).
- 2 -
f
r
The CITY will meet with the CONSULTANT and e5tnbli.h
Objectives and methodology of bidding 1,:.-3n which will include thF
consolidation of the multiple indemnity/HMO programs into a
single benefit and cost efficient "managed care" program.
The CITY will meet with the CONSULTANT to assure the
successful completion of each phase of the bid process which
includes: Phase 1- Development of the benefit specification
data base, Phase 2- Preparation of Bid Document, Phase 3-
Vendor Selection, and Phase 4- Plan Implementation.
IV .
COMPENSATION:
A) CITY shall. pay CONSULTANT the following compensation
range for the services required pursuant to Paragraph II hereof:
- Phase 1: $6,000 - $9,000
- Phase 2: $6,000 - $8,000
- Phase 3: $4,000 - $6,000
- Phase 4: $3,000 - $5,000
B) Payment shall be made upon submission of a billing
invoice to the CITY.
C) CITY shall have the right to review and audit the time
records and related records of CONSULTANT pertaining to any
payments by the CITY.
O.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS:
Both parties shall comply with all applicable laws,
ordinances and codes of federal, state and local governments.
00 V
VI.
GENERAL CONDITIONS:
A) All notices or other communications which sha11 or may
be given pursuant to this Agreement shall he in writing and shall
be delivered by personal zervice, or by registered mail addressed
to the other party :at the address indicated herein, nr as the same
:nay be changed from time to time. Such notice slaali be deemed
i
given on the day on which personally served; or, if by mail, on
the fifth day after being posted or the date of actual receipt,
whichever is earlier.
CITY OF MIAMI CONSULTANT
Angela R. Bellamy Century Financial Services
Assistant City Manager 9040 Kimberly Blvd.
City of Miami Suite 61
Dept. of Personnel Management Boca Paton, FL 33434
1147 N.W. llth Street, Rm. 103
Miami, FL 33136
B) Title and paragraph headings are for convenient
reference and are not a part of this Agreement.
C) In the event of conflict between the terms of this
Agreement and any terms or conditions contained in any attached
documents, the terms in this Agreement shall rule.
I
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
1
unless made in writing.
E) Should any provisions, paragraphs, sentences, words or
I
phrases contained in this Agreement be determined by a court of
1
competent jurisdiction to be invalid, illegal or otherwise
i
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.
— 4 —
VIi.
OWNERSHIP OF DOCUMENTS:
All documents developed by CONSULTANT under this Agreement
shall he delivered to CITY by said CONSULTANT upon completion of
the services required pursuant to paragraph 11 hereof and shall
become the property of CITY, without restriction or limitation on
its use. CONSULTANT agrees that all documents maintained and
generated pursuant to this contractual relationship between CITY
and CONSULTANT shall be subject to all previsions 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
i
other matter whatsoever which is given by CITY to CONSULTANT
pursuant to this Agreement shall at all times remain the property
of CITY and shall not be used by CONSULTANT for any other
purposes whatsoever without the written consent of CITY.
VIII.
NONDELEGABILITY:
That the obligations undertaken by CONSULTANT pursuant to
this Agreement shall not be 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.
I%.
AUDIT RIGHTS:
CITY reserves the right to audit the records of CONSULTANT
pertaining to the work and payments related to this project at
any time during the performance of this Agreement and for a
period of one year after final payment is made under this
Agreement.
0
X.
AWARD OF AGREEMENT:
CONSULTANT 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 pav, paid, or agreed to pay any
fperson employed by the CITY any fee, commission percentage,
i
brokerage fee, or gift of any kind contingent upon or resulting
I
from the award of this Agreement.
XI.
CONSTRUCTION OF AGREEMENT:
This Agreement shall be construed and enforced according to
the laws of the State of Florida.
SUCCESSORS AND ASSIGNS:
. This Agreement shall be binding upon the parties herein,
their heirs, executors, legal representatives, successors, and
assigns.
XIII.
INDEMNIFICATION:
CONSULTANT shall indemnify and save CITY harmless from and
against any and all claims, liabilities, losses, and causes of
action which may arise out of CONSULTANT-S activities tinder this
_+ Agreement, including all other acts or omissions to act on the
part of CONSULTANT, including any person acting for or on its
i
behalf, and, from and against any orders, judgments, or decrees
which may be entered and from and against all costs, attorneys"
fees, expenses and liabilities incurred in the defense of any
such claims, or in the investigation thereof.
00 0
XIV.
CONFLICT OF INTEREST:
A) CONSULTANT covenants that no person under its enploy who
presently exercises any functions or responsibilities in
connection with this Agreement has any personal financial.
interests, direct or indirect, with CITY. CONSULTANT further
covenants that, in the performance of this Agreement, no pFrs,>n
having such conflicting interest s h a 1 1 be employed. Any such
interests on the part of CONSULTANT or its employees, must he
disclosed in writing to CITY.
- B) CONSULTANT is aware of the conflict of interest laws of
the City of Miami (City of Miami Code Chapter 2, Article V), D1de
f
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.
XV.
INDEPENDENT CONTRACTOR:
CONSULTANT 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
afforded classified or unclassified employees; further he/she
shall not be deemed entitled to the Florida Workers' Compensation
benefits as an employee of CITY.
XVI.
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
CONSULTANT, who shall be paid for those services performed prior
to the date of its receipt of the notice of termination. In no
case, however, will CITY pay CONSULTANT an amount in excess of
the total sum provided by this Agreement.
$13--105 1
- 7 -
to
It is hereby undergtond by and bet�,,een CITY and CONSULTANT
that any payment made in accordance with this, Section to
CONSULTANT shall be made only if said CONSULTANT is not in
default under the terms of this Agreement. If CONSULTANT is in
default, then CITY shall in no way he obligated and shall not pay
to CONSULTANT any sum whatsoever.
XVII.
NONDISCRIMINATION:
CONSULTANT agrees that it shall not discriminate as to race,
sex, color, creed, national origin, or handicap in connection
with its performance under this Agreement.
Furthermore, that no otherwise qualified individual shall,
solely by reason of his/her race, sex, color, creed, national
origin, or handicap, be excluded from the participation in, be
denied benefits of, or be subjected to discrimination under any
program or activity receiving federal financial assistance.
XVIII.
MINORITY PROCUREMENT COMPLIANCE:
CONSULTANT 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.
XIX.
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.
— 8 —
XX.
In the event that CONSULTANT shall fail to comply with each
and every term and condition of this Agreement or fails to
perform any of the terms and co id it tons contained herein, then
CITY, as its sole option, upon written notice to CONSULTANT may
cancel and terminate: this Agreement, and all payments, advance's,
or other compensation paid to CONSULTANT by CITY while CONSULTANT
was in default of the provisions herein contained, shall be
forthwith returned to CITY.
XXI.
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,
I
negotiations, or representations not expressly set forth in this
I
Agreement are of no force or effect.
XXII.
AMENDMENTS:
No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties.
IN WITNES.9 WH(:4110F, the 1,1rti ,s hereto IV c'1uce,i this
instrument to be (?�:ecuted by the res1-1cctive of(lcials t))rIeIInto
duly authorized, this the day and year first nbove written.
ATTEST:
MATTY HIRAI
City Clerk
a
ATTEST: i
ELLLN K.-7AYLQK, secretary
WITNE� S�L,
i
(As to Consultant)
(NOTE: If CONSULTANT is not
a Corporation, two
witnesses must sign.)
APPROVED AS TO INSURANCE
REQUIREMENTS:
Insurance Man ge-
CITY OF MIAMI, a municipal
Corporation of the State of
Florida:
By.
CESAR H. ODIO
City Manager
CONSULTANT- CENTURY FINANCI�k RVICES, INC.
ARD J. LEONARD
Vice President
APPROVED AS TO FORM AND
CORRECTNESS:
gza
J C, RGE F ' A NDEZ
City Atto n y
4
CENTURY FINANCIAL SERVICES, INC.
SECRETARY'S CERTIFICATE OF
BOARD OF DIRECTORS RESOLUTIONS
I, ELLEN R. TAYLOR, do hereby certify that I am the
Secretary of CENTURY FINANCIAL SERVICES, INC., (hereinafter the
"Corporation"), a corporation duly organized and existing under
and by virtue of the laws of the State of Florida and am keeper
of the records and seal thereof; that the following is a true,
correct and compared copy of the resolutions duly adopted by the
unanimous consent of all the members of the Board of Directors of
said Corporation as of June 20, 1988, and that said resolutions
are still in full force and effect and have not been amended,
modified, revoked or rescinded.
WHEREAS, the Corporation desires to enter into a
Professional Services Agreement with the City of Miami,
a municipal corporation of the State of Florida; and
WHEREAS, the Corporation desires to authorize
certain officers to execute said Professional Services
Agreement;
NOW, THEREFORE, be it
RESOLVED, that Richard J. Leonard, Vice President
and Assistant Secretary of the Corporation and/or Ellen
R. Taylor, Secretary of the Corporation be and hereby
are authorized and empowered to execute on behalf of the
Corporation that certain Professional Services Agreement
by and between the Corporation and the City of Miami (a
copy of said Professional Services Agreement is attached
hereto and incorporated by reference herein as Exhibit
"A"); and be it
1
l
014
FURTHER RESOLVED, that any arrangements, agreements
or other instruments or documents executed pursuant to
these Resolutions by any officer(s) of the Corporation
or by any employee(s) of the Corporation acting pursuant
to delegation of authority, may be attested by such
person under the corporate seal of the Corporation and
may contain such terms and provisions as said person
shall, in his/her sole discretion determine; and be it
FURTHER RESOLVED, that all acts and deeds
heretofore done by any director(s) or officer(s) of the
Corporation for and on behalf of the Corporation in
entering into, executing, acknowledging or attesting any
arrangements, agreements, instruments or documents, or
in carrying out the terms and intentions of these
Resolutions are hereby ratified, approved and confirmed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the seal
of
the at Boca
aton, Palm Beach County,
Florida,
this
��CCorporation
�`�`day of i
1988.
CENTURY FINANCIAL SERVICES, INC.
a Florida Corporation
(CORPORATE SEAL) BY: �{
ELLEN R. TAYLqk,
SECRETARY
Z
88-1051
CITY OF MIAM1, FLORIDA
INTER -OFFICE MEMORANDUM
TO. Honorable Mayor and Members
of the City Commission
F"OM: Cesar H. Odio
City Manager
D^TE: September 26, 1988 FILE:
SU.JECT:Recommendation for
Agreement Execution
(Bidding Group Benefits)
REFERENCES:
ENCLOSURES:
It is respectfully recommended that the City Commission authorize
the execution of an agreement in substantially the attached form
with Century Financial Services, Inc. to provide consulting
services to the Department of Personnel Management relative to
taking the City's group benefits program out to bid. The
proposed cost of this project is not to exceed $28,000. Funding
is available in the Department of Personnel Management's Trust
and Agency budget.
BACKGROUND
In light of the health care problems facing employers nationwide,
a committee composed of AFSCME and IAFF representatives and City
staff has been formed to address issues concerning the future
affordability of the City's health care program. It is the
intent of this committee to review the current plan of benefits
to determine where changes can be implemented with the objective
of entertaining bids in response to a multiple option - managed
care medical plan.
In order to assist the City with the various aspects associated
in the bid process, the professional services of Century
Financial Services, Inc. are required in the form of representing
the City in the insurance market place; preparing the bid
document; analyzing bid responses and recommending carrier
selection.
--
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I,F-mnj It-0 onn •,%I t! h-I t:l-,-y I at ; r i ed, 11)1)1 ovt!,l arld collf i ! mt�ci .
TN]:, CONSIAIT may he .; iqw!-I i ti t - -� i I n t. o I I,.-: 1, c, ) 1) i t, s, and a) I
a I c L or? c, sh'i I I I't. 11 verif -k! t,I,L- C-11st-lit- h i s C(innont shal I ho
f I c, vi with t hi. 11 t, (I r, At Im I L1 of 1*1 i I o c I o 1 s o f 1.11C.
r p n r n t r, n .
IN WTTIM-15 WHERVOIr, t.ht tIntipI-siytlr:!v c? c- x 11 t. t�
('v3nqo-nt An t.,f the !,4t-11 citly (-.)I, jtjlle, 1988.
I
PTCHARD* J AR D T P. FCTOR
/Zo
MARY DIRECTOR
JAr I ,KOLA DICO
ifi�
88-1051,
sl -7 7 771- 77r,