Resolution 280-1990
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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
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c7ifi-<-.r;Ic-~
Mayor/Chairman
Attest:
J)~
, Clerk
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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:
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~'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~' ~ _ ~..
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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,]
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-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
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MvComtnl.lon :
Ocfcbe( 16. 1992
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For.:l PUR 7068 (Rev. 11/89)