Resolution 096-1990
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Growth Management
RESOLUTION NO. 096 - 1990
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY. FLORIDA.
AUTHORIZING THE MAYOR/CHAIRMAN TO Al"IEND
THE CONTRACT BETWEEN SEDWA Y COOKE.
ASSOCIATES AND MONROE COUNTY. FLORIDA,
REGARDING THE DEVELOPMENT OF A COMMUNITY
PLAN FOR BIG PINE KEY AS ORIGINALLY
PROMULGATED IN RESOLUTION NO. 393-1980 AND
SUBSEQUENTLY Al"IENDED IN RESOLUTION NOS.
633-1988 AND 596-1989.
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.
Prior
amendments regarding the development of a community plan for Big Pine Key
are embodied in Resolutions Nos. 393-1988, 633-1988, and 596-1989,
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County. Florida, at a regular meeting held on the
24th
day ot
January, A. D. 1990.
BOARD OF COUNTY COYU"IISSIONER
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Mayor I Chairman
A TTES T : DANNX 4 KOLHAGE, ~lerk
( SEAL)
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Al'MOVED AS TO FORM
AND LEGAL SUFFlCIENC'l. _
BY ~~/(:7~
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CONTRACT
THIS CONTRACT amendment is made this 24th day of
January, 1990 by and between Monroe County, Florida, a
- .,
political subdivision of the State of Florida, hereinafter
referred to as the "COUNTY" and Sedway Cooke, Associates,
240 N. Washington Boulevard, suite 313, sarasota, Florida,
hereinafter to as the "CONSULTANT"
WIT N E SSE T H
WHEREAS, Article V of the Contract for professional
services between the COUNTY and tne CONSULTANT dated the
16th day of August, 1988 promulated in Resolution No. 393-
1988 authorizes additions to, modifications of, and
deletions from the scope of professional oevices contained
in Article II of that CONTRACT; and
WHEREAS, it is to the mutual benefit of both parties to
the August 16, 1988 CONTRACT to modify the scope of
,
professional services established Article IIi
NOW, THEREFORE, in consideration of the mutual
convenants and conditions thereinafter contained, the COUNTY
and the CONSULTANT hereby amend the scope of professional
services in the CONTRACT of August 16t 1988, in the manner
that follows
SECTION I
ARTICLE I SECTION I ,~O 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 $105,150; $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 $75,150 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 $75,150 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 $75,150.
The total payment to the CONSULTANT based, on the COUNTY
and DCA compensation to the COUNTY, shall- not -'exceed
$105,150 except as mutually agreed upon amendment to this
CONTRACT for additional professional services not described
in Article II, Scope of Professional Services, and as
prOVided in Article V, Section 1. of this Contract.
SECTION 2. AMEND ARTICLE II, SECTION 2 TO INCLUDE A NEW
SUBSECTION (G)
g) Additional Work
The CONSULTANT may be authorized to carry out
additional work related to required work products
authorized under Article II, Section 2, (d), (e) and
(f). This authorization may be prOVided for
,
unanticipated work that is directly related to adequate
completion of tasks required under this CONTRACT as
noted in the previous sentence. 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 $10,000.
SECTION I
AMEND. ARTICLE,III, SECTION 1 TO READ:
In consideration of the performance of all services
described in Article II, of this CONTRACT, except as
provided in Article I, the COUNTY shall pay tlie CONSULTANTS
up to $105,000 in the individual amounts specified in
Subsection 2 of this Article, and as prOVided in Subsection
3.
SECTION 4.
AMEND ARTICLE III, SECTION' 2.9 TO READ:
g) Overhead and Additional Work Compensation
i) Overhead Costs As a part of additional
cost accruing from a delayed completion
schedule, the CONSULTANT shall be entitled to
overhead costs in an amount of $950.00 per
month until the completion of the work
products outlined
in Article II, Section 2,
scope of Professional Services. This amount
shall be payable for work completed from 1
May 1989 until 31 August, 1990, the COUNTY
shall pay the CONSULTANT on a prorated
monthly basis for any month or part thereof
for which work was completed.
ii) Additional Work -Compensation 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 2.g, up to $10,000 may De provided
by the COUNTY to the CONSULTANT for
completing this additional work.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, CLERK
Clerk
By: ,
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w tness
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SWORN STATEMENT UNDER SECTION 28'i.133(3)(a),
FLORIDA STATUTES, ON punuc ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBUC OR OTHER OFFICER
AUTHORIZED TO ADMINISTER OATHS.
as ((;mendul vn<<.r
This sworn statement is submitted with Bid, Proposal or Contract No. 393 -IY88,.;t..~3-lqB~'S9"-19B'1
alUl C2 flQc~d "'ro/v"';'
for ('J'j(JStllh~ (,-rvIU!s +w prMQrh.l.j~/'I1 01 f1,.p, &iQ Pint" /(PM CO..........un.h. f'LOn
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This sworn statement is submitted by 5~E.h"J~ CtwJ..Iu~ ,4 ~ So C4 '4.H~
[name of entity submitting sworn statement]
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1.
2.
whose business address is
10 I Howard St. Ste 2.00
Son 1=r"nr.l~c-o. CA qiflo.s-
and
(if applicable) its Federal Employer Identification Number (FEIN) is q tf - 22 . 77 J 3'3 7 .
(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn
statement:
.)
3.
Pili/I.. Jr:DIAlAY
[please print name of Indlvidual signing]
and my relationship to the
My name is
entity named above is
PR-oJr.IPAI_' oj. C.HAR.bl!
4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida 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.
5. 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 indictment 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.
6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Stotutes. 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 thc management of the
entity and who hi! been convicted of a public entity crime. Thc tcrm "affiliatc" includes those
officers, directors, executives, partners, shareholders, cmployees, mcmbers, and agents who are active
in the managcmcnt of an affiliate. Thc ownership by one pcrson of shares constituting a controlling
interest in anothcr person, or a pooling of equipment or income among persons when not for !air
market value under an arm's length agreement, shaII be a p~ facie case that one person controls
another person. A person who knowingly enters into a joint venture with a pl"rson who has been
convicted of a public entity crim", in Florida during the preceding 36 months shall be considered an
affiliate.
7.
1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes means any
natural person or entity organized undcr the laws of any Siate 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 "person" includes those officers, directOrs, executives, partners,
shareholders. employees, members, and agents who are active in management of an entit)'.
8. Based on information and belief, the statement which I have marked below is true in relation to the
entit)' submitting this sworn statemenL [Please Indicate which statement applies.]
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~ Neither 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 b~l.:n charged with and convicted of a public entity crime
subsequent to July I, 1989.
_ The entity submitting this sworn 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 I, 1989, eJ::!J2 [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 affiliate on the convicted vendor list. [Please
attach a copy or the final order.]
_ The person or affiliate was placed on the convicted vendor list. There has been a
subsequent proceeding before a hearing officer of the State of Florida, Division of
Administrative Hearings. The final order entered by the hearing officer determined that it
was in the 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. (plense
describe any action taken by or pending with the Department of General Services.]
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[signature]
2-/L,+J 90
.
Date:
STATE OF C14",~"'''\'A
COUNTY OF S Pn...... R A1.t\ c ("::I. 0
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
~J.WA-'t; PA.u l.-J:{ who, after first being sworn by ~e, atfixed his/her signature
[name or dividual signing]
in the space provided above on this
1'-/ --K day of ..kc-Io
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7' . NOTMY P\J3UC ' C#.lfOilN~,
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NOTARY PUBLIC;
My commfttinn expires:, ., \~~
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For::1 PUR 7068 (Rev. 11/89)