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Resolution 280-1990 " ~ ~ ;q- C. C ;:;:c L _~_ ( " m ( L.. 2':' ::.::J C --:J u.J -.l 0 U- P' Growth Management RESOLUTION NO. 280 - 1990 A RESOLUTION OF THE OF COUNTY BOARD COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR/CHAIRMAN TO AMEND THE CONTRACT BETWEEN SEDWAY COOKE ASSOCIATES AND MONROE COUNTY , THE FLORIDA, REGARDING DEVELOPMENT OF A COMMUNITY PLAN FOR BIG PINE KEY AS ORIGINALLY PROMULGATED IN RESOLUTION 393-1988 AND SUBSEQUENTLY AMENDED IN THE RESOLUTIONS NUMBERED 633-1988, 596-1989, AND 096-1990. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Mayor/Chairman of said Board is hereby authorized to execute a new amendment to the contract between Sedway Cooke Associates and Monroe County, Florida. The contract is embodied in Resolution No. 393-1988 and subsequent amendments to the contract in Resolution Nos. 633-1988, 596-1989, and 096-1990. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, FLorida, at a regular meeting held on the 9th day of May, A.D. 1990. BOARD OF COUNTY COMMISSIONERS By OF MONROE COUNTY FLORIDA L ;--- c7ifi-<-.r;Ic-~ Mayor/Chairman Attest: J)~ , Clerk ", CON T R ACT AMENDMENT THIS CONTRACT amendment is made this day of May 1990 by an between Monroe County, Florida, a political subdivision of the state of Florida, hereinafter referred to as the "COUNTY" and Sedway Cooke Associates of 505 Sansome Street, 2nd floor, San Francisco, California 94111, hereinafter referred to as the "CONSULTANT." WIT N E SSE T H WHEREAS, a CONTRACT with attendant amendments exist between the COUNTY and CONSULTANT which are promulgated in Resolutions numbered 393-1988, 633~1988, 596-1989, and 096-1990; WHEREAS, Article V of the CONTRACT for professional services between the COUNTY and the CONSULTANT authorizes additions to, modifications of, and deletions from the scope of professional services contained in Article II of that CONTRACT; and WHEREAS, it is to the mutual benefit of both parties to the amended CONTRACT to modify the scope of professional services established in Artic~e II; i' NOW, THEREFORE, in consideration of the mutual covenants and conditions thereinafter contained, the COUNTY and the CONSULTANT hereby amend the scope of professional services in the amended CONTRACT in the manner that follows. SECTION 1. Amend ARTICLE I, SECTION 1 to Read: ARTICLE I - FINANCING The funding for the services required under this CONTRACT shall be provided to the CONSULTANT in the amount of up to $109,400; $30,000 of that amount shall be provided by the COUNTY through Monroe County Growth Management Division's Florida Department of Community Affairs (DCA) assistance grant; the remaining $79,400 shall be provided by the COUNTY through division funds. All payments shall be made according to the schedule described in Article III of this CONTRACT. However, the COUNTY shall not be obligated to compensate the CONSULTANT beyond $79,400 unless additional funds are forthcoming, and the CONSULTANT specifically acknowledges that the COUNTY's obligation to the CONSULTANT under the terms of this CONTRACT is $79,400. The total payment to the CONSULTANT based, on the COUNTY and DCA compensation to the COUNTY, shall not exceed $109,400 except as a mutually agreed upon amendment to this CONTRACT for additional professional services not described in Article II, Scope of P~ofessional Services, and as provided in Article V, Section 1. of this CONTRACT. SECTION 2. Amend ARTICLE II, SECTION 1. g) to Read: g) Additional Work The CONSULTANT may be authorized to carry out additional work related to required work products authorized under Article II, Section 1. This authorization may be provided for unanticipated work that is directly related to adequate completion of' tasks required under this CONTRACT. /' Additional work will be specified by the Assistant County Administrator for Growth Management in writing to the CONSULTANT. Authorization may be provided for up to $14,250. SECTION 3. Amend ARTICLE III, SECTION 1. to Read: Section 1. Total Payment. In consideration of the performance of all services described in Article II, the COUNTY shall pay the CONSULTANTS up to $109,400 in the individual amounts specified in Section 2 of this Article, and as provided 2 in section 3 of this Article. The amount noted in this Section shall constitute full and complete payment for all services required to be performed under the terms of this CONTRACT. SECTION 4. Amend ARTICLE III, SECTION 2. g) ii) to Read: Additional Work It is anticipated that additional work may be necessary for products required under Article II, Section 1 as public input is provided. As prescribed in Article II, Section 1. g), up to $14,250 may be provided by the COUNTY to the CONSULTANT for completing this additional work. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman Attest: DANNY L. KOLHAGE, CLERK Clerk i' By: ~~ -- .. . tness ~\ \ < ~ t \- 1( , ' ---J\ ",l-, \ \^~'iJt1,;\tm,\_/ ~Witness 3 .~l.:..........~ '<. :.f t \. I J ':~: s. i < ': 6. ! .' , .. ~'ORl'\ STATEMENT UNDER SECfIO/li 28'7,133(3)(a), FLORIDA STATUTES. ON punuc ENTIn' CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY punuc OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Contract No, 393-1988 (with amendments) ror development of community plan for Big Pinp- Kpy 2. This sworn statement is submitted by SEDWAY COOKE Assoc-r A'T'F.~ [name or entity submitting sworn statement] whose business address is 101 Howard Street, San Francisco 94105 and (if applicable) its Federal Employer Identification Number (FEIN) is 94 - 2 2 71387 , . (If the entity has no FEIN,'include the Social Security Number of the individual signing this sworn statement: .) 3, Paul .H. Sedway [please print name or individual signing] and my relationship to the My name is entity named above is Principal in-charqe 4. I understand that a .public entity crime. as defined in Paragraph 287,133(1)(g), Florid!! Statutes, means a violation of any state or, federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust. fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. I understand that 'convicted" or .conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes. means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt. in any federal or state trial coun of record relating to charges brought by indictm~nt or information after July I, 1989, as a result of a jury verdict. nonjury trial, or entry of a plea of guilty or nolo contendere, I understand that an .affiliate. as defined in Paragraph 287.133(1)(a), Florida Stntutes. means: 1, A predecessor or successor of a person convicted of a public entity crime: or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term .affiliate" includes those officers, directors, executives, parmers, shareholders, employees, members, and agents who are active in..the.managemeM 'of an affiliate. The ownership by one person of shares constituting a controlling interest in'a.J;1Othl1r person, or a pooling of equipment or income among persons when not for fair m~rtei Y~I~:WiqC7 ,an ~rm's length agreement, shall be a prima facie case that one person controls another .pCZSOll. ~pers~n who knowingly enters into a joint venture with a person who has been convicted'~fa pubUF entity crime in Florida d.lring the preceding 36 months shall be considered an affllilte,' '..o~' ~ _ ~.. ~..._"..__~~._.... - -0 7. ! understand that a .person" as defined in Paragraph 287.133(1)(e), FlOrida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power t6 enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity, The term .persoll" includes those officers, directors, executives, partners, shareholders. employees, members, and agents who are active in management of an entity, 8, Based on information and belief, the statement which I have marked below is true in relation to the entit)' submitting this sworn statement. [Please Indicate which statement applies,] " ~~. / '"' -X- Seither the entity submitting this sworn statement, nor any officers, directors. executives, ' ' panners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have be~n charged witb and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this swam statement, or one or more of the officers, directors, executives, partners, shareholders, employees. members, or agents who are active in management of the entity. or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1. 1989. ~ [Please indIcate which additional statement applies.] _ There has been a proceeding concerning the conviction before a hearing' officer of the State of Florida. Division of Administrative Hearings, The fmal order entered by the hearing officer did not place the person or aftiliate on the convicted vendor list. [Please attach a copy or the final order.] _ The person or affiliate was placed on the oonvictcd vendor list. There has been a subsequent proceeding before a hearing officer of the State of Barida. Division of Administrative Hearings, The final order entered by the hearing officer determined that it was in tbe public interest to remove the person or affiliate from the convicted vendor list. [Please attach a copy of the final order.] _ The person or affiliate has not been placed on the convicted vendor list. [please describe ony action taken by or pending with the Department of General Services,) O. l3 ':)~ Date: STATE OF California COUNTY OF San Francisco PERSONALLY APPEARED BEFORE ME. the undersigned authority, Paul H. Sedwav [name or individual signing] in the space provided above on this day of Jv t) H / L/L .19 /" ,. "Je 'I' -. 41., -~~ My commission expires; th.;;"- /j lil/r~ / G, I'} 7.0 I i II " ~ ~CoafOl'" MvComtnl.lon : Ocfcbe( 16. 1992 , I For.:l PUR 7068 (Rev. 11/89)