09/12/1990 Agreement
f1\.ED FOR REctRl
...,. PI a-
This consultin~agreement is made and enter_. MHI( do KQh-~tGE
tAft, day of _11!.+..b...- , 1990, by aI~U,bilR.~ .
MONROE COUNTY, Flori a, hereinafter referred to ~Dl!.re.~,JlI.L
and LANGTON ASSOCIATES, INC. , hereinafter ref"re'1r to as
"Consultant" on the following terms and conditions:
CONSULTING AGREEMENT
WHEREAS, the County is in
to assist the County with the
Anti-Drug Abuse Grant projects
Florida Department of Community
Management, Bureau of Public
need of Consultant Services
administration of the 1990
funded through the State of
Affairs, Division of Emergency
Safety Management (BPSM), and
WHEREAS, the parties have come to an agreement concerning
the nature and Scope of Services needed to fulfill the
administrative requirements, as specified in the Anti-Drug
Abuse Act of 1990, for the Monroe County programs,
Now,
promises,
therefore, for and in consideration of
covenants and conditions herein set forth,
the
mutual
IT IS AGREED AS FOLLOWS:
1. Engagement
The County hereby does engage Consultant, as an independent
contractor, and Consultant does hereby accept the engagement
by the County to provide such services as are set forth in
Scope of Services to provide administration assistance for
the County's 1990 Anti-Drug Abuse Programs.
2. Term of Contract
The starting date of the term of this contract is subject
to grant award and approval of the 1990 Anti-Drug Abuse Programs
by the Bureau of Public Safety Management (BPSM). Anticipated
start date is 10-1-90. The term of this contract is the start
date through 9-30-91, or until all reporting/administration
requirements for the Monroe County projects are met.
3. Scope of Services
* Establish a Monroe County Office of Substance Abuse Policy.
* Provide administrative
Policy Advisory Board.
support to the Substance Abuse
"Assist the Substance Abuse Policy Advisory Board in the
coordination of the Anti-Drug Abuse Programs funded through
BPSM for Monroe County and with future program planning.
* Coordinate with Monroe County I s Office of Management and
Budget the establishment and implementation of fiscal
control and accounting procedures to assure proper
disbursement and accounting of subgrant funds and required
non-federal expenditures.
This is to include:
- Monthly Financial Claims Reports to BPSM,
- A Final Financial Claim Report to BPSM.
* Submit Quarterly Progress Reports to BPSM covering sub grant
activity for each quarter.
* Submit and Annual Report to BPSM covering subgrant activity
for the 12 month period of project operations.
* Submit other reports as may be reasonably required by
the BPSM.
4. Responsibility of the County
The County shall designate a representative authorized
to act on its behalf with respect to the 1990 Anti-Drug Abuse
Grant Programs. The County or such authorized representative
shall examine the documents submitted by the Consultant and
shall render decisions pertaining thereto promptly, to avoid
unreasonanble delay in the progress of Consultant's services.
The
discharge
agreement.
County
of its
agrees to exercise
responsibilities and
due dilligence
obligations made
in
in
the
this
The County shall make provision for and assume cost of
annual audit of programs as required by BPSM.
5. Basis of Compensation
The County, as recipient of the 1990 Anti-Drug Abuse Funds
and in accordance with the requirements set forth in the 1990
Anti-Drug Abuse Act regarding contractual services, the County
agrees to pay the Consultant the sum of $21,253. During the
duration of the contract period, consultant shall be reimbursed
in 12 equal monthly payments, with payment being made monthly
by the 10th day of the following month after the invoice
rendered by Consultant.
6. Notice of Contact
The representative for the County for this agreement is
George Harper.
The representative for the Consultant responsible for
the administration of this agreement is Denise Froehlich.
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In the event that different representatives are designated
by either party after execution of this agreement, notice of
the name and address of the new representative will be rendered
in writing to the other party and said notification attached
to the original of this agreement.
Notice shall be delivered to the County at:
Monroe County
500 Whitehead Street
Key West, Florida 33040
Notice as to Consultant shall be delivered at:
Langton Associates, Inc.
4244 St. Johns Avenue
Jacksonville, Florida 32210
7. Termination of Agreement for Cause
If for any cause, the Consultant shall fail to fulfill,
in a timely and proper manner, his obligations under this
agreement, or if the Consultant shall violate any of the
covenants, agreements or stipulations of this agreement, the
County shall thereupon have the right to terminate this
agreement by giving written notice to the Consultant of such
termination and specifying the effective date thereof, at least
five (5) days before the effective date of such termination.
In such event, all finished or unfinished documents, data,
studies, and reports prepared by the Consultant under this
agreement shall, at the option of the County, become the
County's property and the Consultant shall be entitled to
receive just and equitable compensation for any satisfactory
work completed by the termination date.
Notwithstanding the above, the Consultant shall not be
relieved of liability to the County for damages sustained by
the County by virtue of any breach of the agreement by the
Consultant, and the County may withhold any payments due the
Consultant for the purpose to offset until such time as the
exact amount of damages due the County from the Consultant
is determined. Langton's liability shall be limited to the
amount of this agreement.
8. Termination for Convenience of County
The County may terminate this agreement at any time by
a notice in writing from the County to the Consultant. If
the agreement is terminated by the County as provided herein,
the Consultant shall be paid an amount which bears the same
ratio to the total compensation as the services performed to
date covered by this agreement, less payments of compensation
-3-
previously made. If this agreement
fault of the Consultant, Section 7
to termination shall apply.
is terminated due to the
of this agreement relative
9. Equal Employment Opportunity
Consultant agrees to comply with equal opportunity
requirements to the end that no person shall, on the grounds
of race, creed, color, or national origin be excluded from
participation in, be refused the benefits of, or be otherwise
subjected to discrimination under grants awarded pursuant
to P.L. 89-564, Non-Discrimination Requirements of the Anti-Drug
Abuse Act of 1988; Title IV of the Civil Rights Act of 1964;
Section 504 of the Rehabilitation Act of 1973 as amended; Title
IX of the Education Amendments of 1972; The Age Discrimination
Act of 1975; and the Department of Justice Non-Discrimination
Regulations 28 CFR Part 42, Supbarts C, D, E, and G.
The Consultant shall, in all solicitations or
advertisements for employees placed by or on behalf of the
County, state that all qualified applicants shall receive
consideration for employment without regard to race, creed,
color, sex, or national origin.
The Consultant shall cause the foregoing provisions
be inserted in all subcontracts for any work covered by
agreement so that such provisions shall be binding upon
subconsultant.
to
this
each
10. Assignment of Agreement
This agreement shall not be assignable in whole or in
part without the written consent of the parties hereto, and
it shall extend to and be binding upon the heirs,
administrators, executors, successors and assignees of the
parties hereto.
11. Anti-Kickback
The Consultant warrants that no person has been employed
or retained to solicit or secure this agreement upon an
agreement or understanding for a commission, percentage,
brokerage, or contingent fee and that no member of the County
has any interest, financial or otherwise in the Consultant's
firm or its subcontractors. For breach or violation of this
warranty, the County shall have the right to annul this
agreement without liability or, in its discretion, to deduct
from the agreement price or consideration, the full amount
of such commission, percentage, brokerage, or contingent fee.
12. Compliance with State Requirements
Consultant shall comply in all respects with the provisions
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of the 1990 Anti-Drug Abuse Grant award agreement between the
County and the Florida Bureau of Public Safety Management,
the terms and conditions of which are found in Attachment A
which is attached hereto and made part of this contract.
13. Hold Harmless
Consultant shall protect, defend, indemnify and hold the
County harmless from and against any and all losses arising
out of any willful misconduct or negligent act, error or
omission of Consultant, his agents or employees, arising out
of or incidental to the performance of this cQntract or work
performed thereunder.
14. Entire Agreement
This
agreement
all prior
written or
instrument
agreement represents the entire and integrated
between the County and Consultant and supersedes
negotiations, representations or agreements, either
oral. This agreement may be amended only by written
signed by both the County and Consultant.
IN WITNESS THEREOF, the parties have set their hand and
seals the date as aforewritten.
Witnesses:
LANGTON ASSOCIATES, INC.
f)L,ui~' i
.
d AM--I~
By:
(SEAL )
ATIEST: DANNY L. KOLHAGE, CLERK
MONROE C'~Y
By: ~~Jlq
Name:. John Stomont
Tit 1 e: Mayor /Chainnan
J;2L ~4-f-
Depd'ty Clerk
.'.'I";;QVEDAS rOFORM
! WIlL SUFFICIENCY.
APPROVED AS TO FOR
By:
Monroe County Attorney
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IH. . AC~EPTANC~ ANU ~~K~~M~NI
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! CONDITIONS OF AGREEMENT. UPON APPROVAL OF THIS SUBGRANT, THE I
I APPROVED APPLICATION AND THE FOLLOWING TERMS AND CONDITIONS SHALL I
I UECOME BINDING. NON-COMPLIANCE SHALL RESULT IN COSTS BEING I
I DISALLOWEO. I
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I 1. REPORTS. THE GRANT RECIPIENT SHALL SUBMIT QUARTERLY PRDGRESS I
I REPORTS, DCA-NA FORM 4(A) (OCTOBER 1987), TO THE BUREAU OF I
I PUBLIC SAFETY MANAGEMENT (BPSM) BY JANUARY 31, APRIL 30, I
I JULY 31, AND OCTOBER 31 COVERING THE SUBGRANT ACTIVITY FOR THE I
I PREVIOUS nUARTER. THE GRANT RECIPIENT SHALL SUBMIT AN I
I ANNUAL REPORT TO THE BPSM, DCA-NA FORM 4(A) (OCTOBER 1987), I'
I FOR EACH 12-MONTH PERIOD OF PROJECT OPERATIONS. THIS REPORT I
I SHALL BE SUBMITTED TO THE BPSM WITHIN 30 DAYS AFTER THE END I
I OF THE INITIAL 12-MONTH PERIOD. IN ADDITION, IF THE SUBGRANT I
I AWARD PERIOD EXCEEDS 12 MONTHS, ADDITIONAL nUARTERLY REPORTS I
I COVERING THE EXTENDED PERIOD MUST BE SUBMITTED AS WELL AS I
I A FINAL REPORT COVERING THE ENTIRE TIME FRAME OF SUBGRANT I
I ACTIVITIES WITHIN 30 DAYS OF THE END OF THE' EXTENDED PERIOD. I
I THE GRANT RECIPIENT SHALL SUBMIT MONTHLY FINANCIAL CLAIM I
I REPORTS, DCA-NA FORM 3(A-E), TO THE BPSM. A FINAL FINANCIAL I
I CLAIM REPORT MUST BE SUBMITTED TO THE BPSM WITHIN 45 DAYS OF I
I THE SUBGRANT TERMINATION PERIOD. SUCH CLAIM MUST BE DISTINCTLY I
I IDENTIf'1ED AS "FINAL". FAILURE TO SUBMIT THE FINAL FINANCIAL I
I. CLAIM IN THE TIME SPECIFIED CAN RESULT IN FORFEITURE OF THE I
I FINAL REIMBURSEMENT CLAIM. ALL UNEXPENDED FUNDS REMAINING I
I WITH THIS GRANT AFTER PAYMENT OF FINAL CLAIM SHALL AUTOMATICALLY I
I BE DEOBLIGATED AND SHALL REVERT TO THE BPSM FOR OBLIGATION TO I
OTHER APPROVED PROGRAMS. THE GRANT RECIPIENT SHALL SUBMIT I
OTHER REPORTS AS MAY BE REASONABLY REQUIRED BY THE BPSM. I
ALL REQUIRED REPORTS, INSTRUCTIONS AND FORMS WILL BE I
DISTRIBUTED WITH THE SUBGRANT AWARD. I
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2. RESPONSIBILITY OF GRANT RECIPIENT. THE GRANT RECIPIENT MUST I
ESTABLISH FISCAL CONTROL AND FUND ACCOUNTING PROCEDURES WHICH I
ASSURE PROPER DISBURSEMENT AND ACCOUNTING OF SUBGRANT FUNDS I
AND REQUIRED NON-FEDERAL EXPENDITURES. ALL MONIES SPENT ON I
THIS PROJECT WILL BE DISBURSED IN ACCORDANCE WITH PROVISIONS I
OF THE PROJECT BUDGET AS SAID BUDGET WAS APPROVED BY THE BPSM. I
ALL EXPENDITURES AND COST ACCOUNTING OF FUNDS SHALL CONFORM I
TO THE FINANCIAL AND ADMINISTRATIVE GUIDE FOR GRANTS, GUIDE- I
I LINE MANUAL 7100.1C, OFFICE OF JUSTICE PROGRAMS, FEDERAL I
I OFFICE,OF MANAGEMENT AND BUDGET CIRCULARS A-102 AND A-87, OR I
I OMB CIRCULARS A-110 AND A-21, IN THEIR ENTIRETY. ALL FUNDS I
I NOT SPENT IN ACCORDANCE WITH THIS AGREEMENT WILL BE SUBJECT I
I TO REPAYMENT BY THE GRANT RECIPIENT. I
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I 3. COMPLIANCE WITH SECTION 287.055, FLORIDA STATUTES. THE I
I SUBGRANTEE, WHEN APPLICABLE, AGREES TO SATISFY ALL REQUIRE- I
I MENTS PROVIDED IN SECTION 287.055, FLORIDA STATUTES, KNOWN I
I AS THE "CONSULTANT'S COMPETITIVE NEGOTIATION ACT". I
I I
I 4. ApPROVAL OF CONSULTANT AGREEMENTS. THE BPSM SHALL REVIEW AND I
I APPROVE IN WRITING ALL CONSULTANT AGREEMENTS PRIOR TO THE I
I ACTUAL EMPLOYMENT OF THE CONSULTING FIRM. ApPROVAL SHALL BE I
I BASED UPON THE COMPLIANCE OF THE AGREEMENT WITH THE REQUIRE- I
I MENTS OF THE FINANCIAL AND ADMINISTRATIVE GUIDE FOR GRANTS, I
I GUIDELINES MANUAL 7100.1e AND APPLICABLE STATE STATUTES. I
I GRANT RECIPIENT AGREEMENT APPROVAL BY THE BPSM DOES NOT I
I CONSTITUTE CONSULTANT AGREEMENT APPROVAL. I
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Attachment "A"
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. I H. ACCEPTANCE AND AGREEMENT I
I (CDNTINUED) I
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9. CDMMENCEMENT DF PROJECTS. IF A PROJECT HAS NOT COMMENCED I
WITHIN 60 DAYS AFTER THE ACCEPTANCE OF THE GRANT RECIPIENT I
AWARD, GRANT RECIPIENTS WILL REPORT BY LETTER THE STEPS I
TAKEN TO INITIATE THE PROJECT, THE REASONS FOR DELAY AND I
I THE EXPECTED STARTING DATE. IF, AFTER 90 DAYS FROM THE I
I ACCEPTANCE OF AWARD, PROJECT ACTIVITY AS DESCRIBED HEREIN I
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5.
ALLOWABLE COSTS. THE ALLOWABILITY OF COSTS INCURRED UNDER ANY
SUBGRANT SHALL BE DETERMINED IN ACCORDANCE WITH THE GENERAL
PRINCIPLES OF ALLOWABILITY AND STANDARDS FOR SELECTED COST
ITEMS SET FORTH IN THE FINANCIAL AND ADMINISTRATIVE GUIDE FOR
GRANTS, GUIDELINE MANUAL 7100.1C, OFFICE OF JUSTICE PROGRAMS,
OFFICE OF MANAGEMENT AND BUDGET CIRCULAR No. A-87, "COST
PRINCIPLES ApPLICABLE TO GRANTS AND CONTRACTS WITH STATE AND
LOCAL GOVERNMENTS", OR OFFICE OF MANAGEMENT AND BUDGET
CIRCULAR No. A-21, "COST PRINCIPLES FOR EDUCATIONAL
INSTITUTIONS". ALL PROCEDURES EMPLOYED IN THE USE OF FEDERAL
FUNDS FOR THE PROCUREMENT OF SERVICES, SUPPLIES OR EQUIP-
MENT, MUST BE IN ACCORD WITH ATTACHMENT 0 OF OMB CIRCULAR
No. A-102 OR ATTACHMENT 0 OF OMB CIRCULAR No. A-110 AND
FLORIDA LAW TO BE ELIGIBLE FOR REIMBURSEMENT.
6.
TRAVEL. ALL TRAVEL REIMBURSEMENT FOR OUT-OF-STATE OR OUT-
OF GRANT SPECIFIED-WORK-AREA WILL BE BASED UPON WRITTEN
APPROVAL OF THE BPSM PRIOR TO COMMENCEMENT OF ACTUAL TRAVEL.
TRAVEL COST FOR ALL TRAVEL WILL BE REIMBURSED IN ACCORDANCE
WITH LOCAL REGULATIONS, BUT NOT IN EXCESS OF PROVISIONS IN
SECTION 112.061, FLORIDA STATUTES.
7.
WRITTEN ApPROVAL OF CHANGES. GRANT RECIPIENTS MUST OBTAIN
APPROVAL FROM THE BPSM FOR MAJOR CHANGES. THESE INCLUDE, BUT
BUT ARE NOT LIMITED TO: (A) CHANGES IN PROJECT ACTIVITIES,
DESIGNS, OR RESEARCH PLANS SET FORTH IN THE APPROVED APPLICA-
TION; (B) CHANGES IN THE PROJECT DIRECTOR OR KEY PROFESSIONAL
PERSONNEL IDENTIFIED IN THE APPROVED APPLICATION, OR (C) BUDGET
DEVIATIONS THAT DO NOT MEET THE FOLLOWING CRITERION:
SUBGRANTEES MAY TRANSFER FUNDS BETWEEN BUDGET CATEGORIES
AS LONG AS THE TOTAL AMOUNT OF THE TRANSFER (INCREASE OR
DECREASE) DOES NOT EXCEED FIVE PERCENT (5%) OF THE TOTAL
APPROVED BUDGET CATEGORY AND THE TRANSFER IS MADE TO AN
APPROVED BUDGET LINE ITEM. HOWEVER, NO ADDITIONAL
TRANSFERS ABOVE THE 5% CAP MAY BE MADE UNTIL A REVISED
BUDGET HAS BEEN APPROVED BY THE DEPARTMENT. UNDER NO
CIRCUMSTANCES CAN THE CHANGES INCREASE THE TOTAL BUDGETED
AWARD. (PLEASE NOTE TRANSFERS DO NOT ALLOW FOR INCREAS-
ING THE QUANTITATIVE NUMBER OF ITEMS REFLECTED IN ANY
APPROVED BUDGET LINE ITEM, SUCH AS, EQUIPMENT ITEMS IN THE
OPERATING CAPITAL OUTLAY OR EXPENSE CATEGORIES OR STAFF
POSITIONS IN THE SALARIES AND BENEFITS CATEGORY).
8.
GRANT RECIPIENT FUNDING. THE OBLIGATION OF THE STATE OF
FLORIDA TO REIMBURSE GRANT RECIPIENTS FOR INCURRED COST WILL
BE SUBJECT TO THE AVAILABILITY OF ANTI-DRUG ABUSE ACT FUNDS.
/-----------------------------------------~-------------------------------\
! H. ACCEPTANCE AND AGREEMENT I
I (CONTINUED) I
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I HAS NOT BEGUN, A FURTHER STATEMENT OF IMPLEMENTATION DELAY I
WILL BE SUBMITTED BY THE GRANT RECIPIENT TO THE BPSM. UPON I
RECEIPT OF THE gO-DAY LETTER, THE BPSM SHALL DETERMINE IF THE I
REASON FOR DELAY IS JUSTIFIED OR CANCEL THE PROJECT AND I
REOBLIGATE THE FUNDS TO OTHER PROJECT AREAS. THE BPSM, I
WHERE WARRANTED BY EXTENUATING CIRCUMSTANCES, SHALL EXTEND I
THE IMPLEMENTATION DATE OF THE PROJECT PAST THE gO-DAY I
PERIOD, BUT ONLY BY FORMAL WRITTEN AMENDMENT TO THIS AGREEMENT. I
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10. EXCUSABLE DELAYS. EXCEPT WITH RESPECT TO THE DEFAULTS OF I
CONSULTANTS, THE GRANT RECIPIENT SHALL NOT BE IN DEFAULT BY I
REASON OF ANY FAILURE IN PERFORMANCE OF THIS AGREEMENT IN I
ACCORDANCE WITH ITS TERMS (INCLUDING ANY FAILURE BY THE GRANT I
RECIPIENT TO MAKE PROGRESS IN THE EXECUTION OF THE WORK I
HEREUNDER WHICH ENDANGERS SUCH PERFORMANCE) IF SUCH FAILURE I
ARISES OUT OF CAUSES BEYOND THE CONTROL AND WITHOUT THE FAULT I
OR NEGLIGENCE OF THE GRANT RECIPIENT. SUCH CAUSES SHALL I
INCLUDE, BUT ARE NOT RESTRICTED TO, ACTS OF GOD OR OF THE I
PUBLIC ENEMY, ACTS OF THE GOVERNMENT IN EITHER ITS SOVEREIGN I
OR CONTRATUAL CAPACITY, FIRES, FLOODS, EPIDEMICS, QUARANTINE I
RESTRICTIONS, STRIKES, FREIGHT EMBARGOES, AND UNUSUALLY I
SEVERE WEATHER, BUT IN EVERY CASE THE FAILURE TO PERFORM I
MUST BE BEYOND THE CONTROL AND WITHOUT THE FAULT OR NEGLIGENCE I
OF THE GRANT RECIPIENT. IF THE FAILURE TO PERFORM IS CAUSED I
BY THE FAILURE OF A CONSULTANT TO PERFORM OR MAKE PROGRESS, I
AND IF SUCH FAILURE ARISES OUT OF CAUSES BEYOND THE CONTROL I
OF THE GRANT RECIPIENT AND CONSULTANT, AND WITHOUT THE FAULT I
OR NEGLIGENCE OF EITHER OF THEM, THE GRANT RECIPIENT SHALL I
NOT BE DEEMED TO BE IN DEFAULT, UNLESS (A) THE SUPPLIES OR I
SERVICES TO BE FURNISHED BY THE CONSULTANT WERE OBTAINABLE I
FROM OTHER SOURCES, AND (B) THE BPSM SHALL HAVE ORDERED THE I
GRANT RECIPIENT IN WRITING TO PROCURE SUCH SUPPLIES OR I
SERVICES FROM OTHER SOURCES, AND (C) THE GRANT RECIPIENT SHALL I
HAVE FAILED TO COMPLY REASONABLY WITH SUCH ORDER. UPON REQUEST I
OF THE GRANT RECIPIENT, THE BPSM SHALL ASCERTAIN THE FACTS AND I
EXTENT OF SUCH FAILURE AND, IF IT SHALL BE DETERMINED THAT ANY I
FAILURE TO PERFORM WAS OCCASIONED BY ANY ONE OR MORE OF THE I
SAID CAUSES, THE DELIVERY SCHEDULE SHALL BE REVISED ACCORDINGLY. I
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12. PERFORMANCE. IN THE EVENT OF DEFAULT, NON-COMPLIANCE OR I
VIOLATION OF ANY PROVISION OF THIS AGREEMENT BY THE GRANT I
RECIPIENT, THE GRANT RECIPIENT'S CONSULTANTS AND SUPPLIERS, I
I OR BOTH, THE BPSM SHALL IMPOSE SUCH SANCTIONS AS IT DEEMS I
I APPROPRIATE INCLUDING WITHHOLDING OF PAYMENTS, CANCELLATION, I
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11.
OBLIGATION OF GRANT RECIPIENT FUNDS. GRANT RECIPIENT FUNDS
MAY NOT UNDER ANY CIRCUMSTANCES BE OBLIGATED PRIOR TO THE
EFFECTIVE DATE OR SUBSEQUENT TO THE TERMINATION DATE OF
THE GRANT PERIOD. ONLY PROJECT COSTS INCURRED ON OR AFTER
THE EFFECTIVE DATE AND ON OR PRIOR TO THE TERMINATION DATE OF
THE GRANT RECIPIENT APPLICATION ARE ELIGIBLE FOR REIMBURSEMENT.
A COST IS INCURRED WHEN THE GRANT RECIPIENT'S EMPLOYEE OR
CONSULTANT PERFORMS THE SERVICE REQUIRED, OR WHEN GOODS ARE
RECEIVED BY THE GRANT RECIPIENT, NOTWITHSTANDING THE DATE
OF ORDER.
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.I H. ACCEPTANCE AND AGREEMENT I
I (CONTINUED) I
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I TERMINATION OR SUSPENSION OF THE AGREEMENT IN WHOLE OR IN I
I PART. IN SUCH AN EVENT, THE BPSM SHALL NOTIFY THE GRANT I
I RECIPIENT OF SUCH DECISION 30 DAYS IN ADVANCE OF THE I
I EFFECTIVE DATE OF SUCH SANCTION. THE GRANT RECIPIENT SHALL I
I BE PAID ONLY FOR THOSE SERVICES SATISFACTORILY PERFORMED I
I PRIOR TO THE EFFECTIVE DATE OF SUCH SANCTION. I
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13. ACCESS TO RECORDS. DCA, U.S. DEPARTMENT OF JUSTICE, OFFICE I
OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE, OJARS,AND I
THE AUDITOR GENERAL OF THE STATE OF FLORIDA, OR ANY OF THEIR I
DULY AUTHORIZED REPRESENTATIVES, SHALL HAVE ACCESS FOR THE I
PURPOSE OF AUDIT AND EXAMINATION OF BOOKS, DOCUMENTS, PAPERS, I
AND RECORDS OF THE GRANT RECIPIENT, AND TO RELEVANT BOOKS AND I
RECORDS OF GRANT RECIPIENT AND CONTRACTORS, AS PROVIDED UNDER I
"FINANCIAL AND ADMINISTRATIVE GUIDE FOR GRANTS", M7100.1C. I
DCA MAY UNILATERALLY CANCEL THIS CONTRACT IF THE CONTRACTOR I
REFUSES TO ALLOW PUBLIC ACCESS TO ALL DOCUMENTS, PAPERS, I
LETTERS, OR OTHER MATERIAL SUBJECT TO THE PROVISIONS OF I
CHAPTER 119, F.S., AND MADE OR RECEIVED BY THE CONTRACTOR IN I
CONJUNCTION WITH THE CONTRACT. I
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16. RETENTION OF RECORDS. ALL RECORDS AND FINANCIAL DOCUMENTS I
MUST BE MAINTAINED FOR A MINIMUM PERIOD OF 3 YEARS FROM THE I
DATE OF THE FINAL FINANCIAL STATEMENT AND BE AVAILABLE FOR I
AUDIT AND PUBLIC DISCLOSURE UPON REQUEST OF DULY AUTHORIZED I
I PERSONS. I
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14.
15.
AUDIT. ACCEPTANCE OF THIS AGREEMENT CONSTITUTES GRANT
RECIPIENT ASSURANCE THAT ALL PROVISIONS OF OMB CIRCULAR A-128
"AUDITS OF STATE AND LOCAL GOVERNMENTS" OR OMB CIRCULAR A-llO,
ATTACHMENT F, WILL BE MET. ALL GRANT RECIPIENTS SHALL PROVIDE
AN AUDIT OF THEIR ACTIVITIES ON AN ANNUAL BASIS. FOR ADDI-
TIONAL INFORMATION ON AUDIT REQUIREMENTS, APPLICANTS SHALL
REFER TO THE "FINANCIAL AND ADMINISTRATIVE GUIDE FOR GRANTS",
GUIDELINE MANUAL 7100.1C, OFFICE OF JUSTICE PROGRAMS. As A
MINIMUM, A SCHEDULE COMPARING BUDGETED AND ACTUAL SUBGRANT
COSTS IS REQUIRED. FAILURE TO FURNISH AN ACCEPTABLE AUDIT AS
DETERMINED BY THE STATE OR COGNIZANT FEDERAL AUDIT AGENCY
SHALL BE BASIS FOR DENIAL AND REFUND, OR BOTH, OF FEDERAL
FUNDS. FEDERAL FUNDS DETERMINED TO BE MISSPENT ARE SUBJECT
TO REFUND OR OTHER RESOLUTION.
PROCEDURES FOR CLAIM REIMBURSEMENT. ALL CLAIMS FOR REIMBURSE-
MENT OF GRANT RECIPIENT COSTS MUST BE SUBMITTED ON A FORM
(DCA-NA FORM 3 (A-E) OCTOBER 1987) PRESCRIBED AND PROVIDED
BY THE BPSM. CLAIMS SHALL BE SUBMITTED ON A MONTHLY BASIS IN
ORDER TO REMAIN CURRENT ON PROJECT COSTS REPORTING. ALL
CLAIMS REQUESTING REIMBURSEMENT FOR OPERATING CAPITAL OUTLAY
(OCO) ITEMS HAVING A UNIT COST OF $500 OR MORE AND A USEFUL
LIFE OF 1 YEAR OR MORE MUST BE ACCOMPANIED BY A COMPLETED
NON-EXPENDABLE PROPERTY FORM SIGNED BY THE SUBGRANTEES'
PROPERTY CUSTODIAN. IF LOCAL ACCOUNTING PROCEDURES REQUIRES
OCO REPORTING AT A LESSER AMOUNT THAN THE $500, LOCAL
REQUIREMENTS SHALL BE ADHERED TO. REIMBURSEMENT REQUESTS SHALL
BE SUBMITTED IN DETAIL SUFFICIENT FOR A PROPER PRE-AUDIT AND
POST-AUDIT THEREOF.
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H. ACCEPTANCE AND AGREEMEIIT I
(CONTINUED) I
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18. PROPERTY ACCOUNTABILITY. THE GRANT RECIPIENT SHALL ESTABLISH I
AND ADMINISTER A SYSTEM TO CONTROL, PROTECT, PRESERVE, USE, I
AND MAINTAIN AND DISPOSE OF ANY PROPERTY FURNISHED IT BY THE I
BPSM OR PURCHASED PURSUANT TO THIS AGREEMENT IN ACCORDANCE I
WITH FEDERAL PROPERTY MANAGEMENT STANDARDS AS SET FORTH IN I
OMB CIRCULAR A-102, ATTACHMENT N OR OMB CIRCULAR A-I10, I
I ATTACHMENT N. THIS OBLIGATION CONTINUES AS LONG AS THE I
I PROPERTY IS RETAINED BY THE GRANT RECIPIENT, NOTWITHSTANDING I
I THE EXPIRATION OF THIS AGREEMENT. I
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I 19. DISPUTES AND ApPEALS. ANY DISPUTE, DISAGREEMENT OR QUESTION I
I OF FACT ARISING UNDER THIS AGREEMENT SHALL BE DECIDED BY THE I
I BPSM IN WRITING AND SHALL BE DISTRIBUTED TO PARTIES CONCERNED. I
I A WRITTEN APPEAL SHALL BE MADE WITHIN 21 CALENDAR DAYS TO THE I
I SECRETARY OF THE DEPARTMENT OF COMMUNITY AFFAIRS, WHOSE I
I DECISION IS FINAL. THE GRANT RECIPIENT SHALL PROCEED DILI- I
I GENTLY WITH THE PERFORMANCE OF THE AGREEMENT AND IN I
I ACCORDANCE WITH THE BPSM DECISION. THE GRANT RECIPIENT'S I
I RIGHT TO APPEAL IN THE DEPARTMENT'S DECISION IS CONTAINED IN I
I CHAPTER 120, FLORIDA STATUTES, AND IN PROCEDURES SET FORTH I
I IN CHAPTERS 28-5 AND 9-5, FLORIDA ADMINISTRATIVE CODE. ApPEALS I
I MUST BE RECEIVED IN WRITING WITHIN 21 DAYS OF NOTIFICATION OF I
I THE DECISION. THE WRITTEN APPEAL MUST BE SUBMITTED TO THE I
I DEPARTMENT OF COMMUNITY AFFAIRS CLERK (AGENCY CLERK). I
I FAILURE TO APPEAL WITHIN THIS TIME FRAME SHALL CONSTITUTE A I
I WAIVER OF PROCEEDINGS UNDER CHAPTER 120, FLORIDA STATUTES. I
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I 20. CONFERENCES, INSPECTION OF WORK. CONFERENCES MAY BE HELD AT I
I THE REQUEST OF ANY PARTY TO THIS AGREEMENT. A REPRESENTATIVE I
I OF THE BPSM, U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE I
I ASSISTANCE, OR ALL SHALL BE PRIVILEGED TO VISIT THE SITE FOR I
I THE PURPOSE OF INSPECTION AND ASSESSMENT OF WORK BEING I
I PERFORMED AT ANY TIME. I
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I 21. PUBLICATIONS, PRINTING, OR REPORTS. I
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I A. BEFORE PUBLICATION OR PRINTING, THE FINAL DRAFT OF ANY I
I REPORT OR REPORTS REQUIRED UNDER THE AGREEMENT OR I
I PERTAINING TO THE AGREEMENT SHALL BE SUBMITTED TO THE I
I BPSM FOR REVIEW. I
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I B. EACH PUBLICATION OR OTHER PRINTED REPORT COVERED BY I
I PARAGRAPH 21.A ABOVE MUST INCLUDE THE FOLLOWING STATE- I
I MENTS ON THE COVER PAGE: I
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17.
OWNERSHIP OF DATA AND CREATIVE MATERIAL. THE OWNERSHIP OF
MATERIAL, DISCOVERIES, INVENTIONS, AND RESULTS DEVELOPED,
PRODUCED, OR DISCOVERED BY THIS AGREEMENT IS GOVERNED BY
THE TERMS OF OMB CIRCULAR A-102, ATTACHMENT N, PARAGRAPH 8
OR OMS CIRCULAR A-110, ATTACHMENT N, PARAGRAPH 8.
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H'. . ACCEPTANCE AND AGREEMENT I
(CONTINUED) I
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(1)
"THIS REPORT WAS PREPARED FOR THE BUREAU OF PUBLIC
SAFETY MANAGEMENT, DIVISION OF EMERGENCY MANAGEMENT,
DEPARTMENT OF COMMUNITY AFFAIRS, STATE OF FLORIDA
IN COOPERATION WITH THE BUREAU OF JUSTICE
ASSISTANCE, U.S. DEPARTMENT OF JUSTICE."
(2)
"THE CONCLUSIONS AND OPINIONS EXPRESSED IN THIS
REPORT ARE THOSE OF THE GRANT RECIPIENT AND DO
NOT NECESSARILY REPRESENT THOSE OF THE STATE OF
FLORIDA, BUREAU OF PUBLIC SAFETY MANAGEMENT,
DIVISION OF EMERGENCY MANAGEMENT, DEPARTMENT OF
COMMUNITY AFFAIRS, THE U.S. DEPARTMENT OF JUSTICE,
BUREAU OF JUSTICE ASSISTANCE OR ANY OTHER AGENCY
OF THE STATE OR FEDERAL GOVERNMENT."
22. THE GRANT RECIPIENT AGREES TO UTILIZE ALL NON-EXPENDABLE
PROPERTY FOR CRIMINAL JUSTICE PURPOSES DURING ITS USEFUL
LIFE OR REQUEST BPSM DISPOSITION. THE GRANT RECIPIENT SHALL
ESTABLISH AND ADMINISTER A SYSTEM TO CONTROL, PROTECT,
PRESERVE, USE, AND MAINTAIN ANY PROPERTY PURCHASED PURSUANT
TO THIS GRANT.
23. EQUAL EMPLOYMENT OPPORTUNITY. No PERSON SHALL, ON THE GROUNDS
OF RACE, CREED, COLOR, OR NATIONAL ORIGIN BE EXCLUDED FROM
PARTICIPATION IN, BE REFUSED THE BENEFITS OF, OR BE OTHERWISE
SUBJECTED TO DISCRIMINATION UNDER GRANTS AWARDED PURSUANT TO
P.L. 89-564, NON-DISCRIMINATION REQUIREMENTS OF THE ANTI-DRUG
ABUSE ACT OF 1988; TITLE IV OF THE CIVIL RIGHTS ACT OF 1964;
SECTION 504 OF THE REHABILITATION ACT OF 1973 AS AMENDED;
TITLE IX OF THE EDUCATION AMENDMENTS OF 1972; THE AGE
DISCRIMINATION ACT OF 1975; AND THE DEPARTMENT OF JUSTICE
NON-DISCRIMINATION REGULATIONS 28 CFR PART 42, SUBPARTS C,
D, E, AND G. ANY STATE AGENCY, CITY OR COUNTY RECEIVING
$500,000 OR MORE IN FEDERAL ANTI-DRUG ABUSE FUNDS MUST SUBMIT
THEIR EQUAL EMPLOYMENT OPPORTUNITY PLAN TO THE BPSM.
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24.
NON-PROCUREMENT DEBARMENT AND SUSPENSION. THE GRANT RECIPIENT
AGREES TO COMPLY WITH EXECUTIVE ORDER 12549, DEBARMENT AND
SUSPENSION (34 C.F.R., PART 85, SECTION 85.510, PARTICIPANT'S
RESPONSIBILITIES). THESE PROCEDURES REQUIRE THAT THE GRANT
RECIPIENT SUBMIT CERTIFICATION THAT IT WILL NOT ENTER INTO
ANY LOWER TIER COVERED TRANSACTION WITH A PERSON WHO IS
DEBARRED, SUSPENDED, DECLARED INELIGIBLE OR VOLUNTARILY
EXCLUDED FROM PARTICIPATION IN THIS COVERED TRANSACTION, UNLESS
AUTHORIZED BY THE BUREAU OF PUBLIC SAFETY MANAGEMENT,
DIVISION OF EMERGENCY MANAGEMENT, DEPARTMENT OF COMMUNITY
AFFAIRS.
25.
THE STATE OF FLORIDA'S
UNDER THIS CONTRACT IS
BY THE LEGISLATURE.
PERFORMANCE AND OBLIGATION TO PAY
CONTINGENT UPON AN ANNUAL APPROPRIATION
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H;'. ACCEPTANCE AND AGREEMENT I
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EACH PERSON SHALL FILE THE MOST CURRENT EDITION OF THIS CERTIFI-I
CATION AND DISCLOSURE FORM, IF APPLICABLE, WITH EACH SUBMISSION I
THAT INITIATES AGENCY CONSIDERATION OF SUCH PERSON FOR AN AWARD I
OF A FEDERAL CONTRACT, GRANT, OR COOPERATIVE AGREEMENT OF I
$100,000 OR MORE; OR FEDERAL LOAN OF $150,000 OR MORE. I
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THE RECIPIENT AGREES TO COMPLY WITH SECTION 319 OF PUBLIC LAW
101-121 AS PROVIDED FOR IN THE "GOVERNMENTWIDE GUIDANCE FOR
NEW RESTRICTIONS ON LOBBYING; INTERIM FINAL GUIDANCE" PUBLISHED
IN THE DECEMBER 30, 1989, FEDERAL REGISTER.
26.
THIS CERTIFICATION IS A MATERIAL REPRESENTATION OF FACT UPON
WHICH RELIANCE WAS PLACED WHEN THIS TRANSACTION WAS MADE OR
ENTERED INTO. SUBMISSION OF THIS CERTIFICATION IS A PRE-
REQUISITE FOR MAKING OR ENTERING INTO THIS TRANSACTION IMPOSED
BY SECTION 1352, TITLE 31, U.S. CODE. ANY PERSON WHO FAILS TO
FILE THE REQUIRED CERTIFICATION SHALL BE SUBMIT TO A CIVIL
PENALTY OF NOT LESS THAN $10,000 AND NOT MORE THAN $100,000 FOR
EACH SUCH FAILURE.
THE UNDERSIGNED CERTIFIES, TO THE BEST OF HIS OR HER KNO~LEDGE
AND BELIEF, THAT:
(1)
(2)
(3)
No FEDERAL APPROPRIATED FUNDS HAVE BEEN PAID OR WILL BE
PAID TO ANY PERSON FOR INFLUENCING OR ATTEMPTING TO
INFLUENCE AN OFFICER OR EMPLOYEE OF ANY FEDERAL AGENCY,
A MEMBER OF CONGRESS, AN OFFICER OR EMPLOYEE OF CONGRESS,
OR AN EMPLOYEE OF A MEMBER OF CONGRESS IN CONNECTION
WITH THE AWARDING OF ANY FEDERAL CONTRACT, THE MAKING OF
ANY FEDERAL GRANT, THE MAKING OF ANY FEDERAL LOAN, THE
ENTERING INTO OF ANY RENEWAL, AMENDMENT, OR MODIFICATION
OF ANY FEDERAL CONTRACT, GRANT, LOAN OR COOPERATIVE
AGREEMENT.
IF ANY NON-FEDERAL FUNDS HAVE BEEN PAID OR WILL BE PAID TO
ANY PERSON FOR INFLUENCING OR ATTEMPTING TO INFLUENCE AN
OFFICER OR EMPLOYEE OF ANY FEDERAL AGENCY, A MEMBER OF
CONGRESS, AN OFFICER OR EMPLOYEE OF CONGRESS, OR AN
EMPLOYEE OF A MEMBER OF CONGRESS IN CONNECTION WITH THIS
FEDERAL CONTRACT, GRANT, LOAN, OR COOPERATIVE AGREEMENT,
THE UNDERSIGNED SHALL COMPLETE AND SUBMIT STANDARD FORM
# LLL, "DISCLOSURE OF LOBBYING ACTIVITIES", IN ACCORDANCE
WITH ITS INSTRUCTIONS.
THE UNDERSIGNED SHALL REQUIRE THAT THE LANGUAGE OF THIS
CERTIFICATION BE INCLUDED IN THE AWARD DOCUMENTS FOR ALL
SUBAWARDS AT ALL TIERS AND THAT ALL SUBRECIPIENTS SHALL
CERTIFY AND DISCLOSE ACCORDINGLY.
{ ". I .
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SWORN STATEMENT UNDER SECTION lS7.1JJ(J)(uJ,
FLOIUDA STATtITES. ON Pqu~uc EN1TIY CRlMES
nUs FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUDUC OR OTHER OFFICER
AUTHORIZED TO ADMINISTER'OATHS.
1.
1bls sworn SlalClllent is submitted With Bid, Proposal or Co,ntract No.
tor
2.
Langton Associates, Inc.
[DlLIDO or enllty subminlng sworn slatement)
4244 St. Johns Avenue
Jacksonville, Florida 32210 ~d
1bls sworn Slalement is Submitted by
whose business address is
(it applic:able) lIS Federal Employer Identiflc:atiOD Number (FEIN) is
' .
59-224-7694
(If the entity has DO FEIN. iDcIude the Social Security Number at the Individual signing this sworn
3.
slalement:
My name is MilOhael Langton
[plcuo print namo or lndh1dual slgninl:l
entity named above II President
I Ilndersland that a 'pllblic entity crime' as dclined In Paragraph 287.133(1)(g), Florid. Swtut....
means a violation at any Slate or. tedcrallaw by a person With respca 10 ~d 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 Stales, inCluding. bUI not limited to, any bid or COntr:1Cl (or goods or
services to be provided to any pllblic entity or an agency or political sllbdivision o( any other state
or of the United States and involving antitrUSt, fraud, theft, bribery. collUSIOn. racj(elccnng,
conspiracy, or malerial misrepresentation.
.)
and my relationship to the
4.
5. I understand thaI 'COnvicted' or 'conviction' as dclined in Paragraph 287.133(1)(b). florida St:Jrults.
means a linding of guilt or a conviction of a public entity crime, With or without an adjudicauon of
guilt, in any federal or state trial coun of reCQrd relating to charges brought by indictment or
information after July I, 1989, as a result of a jury verdict, nonjury trial, or colI)' of a ple:t of guilty
or noJo CQntendere.
6. I understand thaI an 'affiliate' as dctlned In Paragraph 287.133(1)(a), Florid. Swrutes. means:
,
1. A predecessor or successor of a person convicted of a public entity crime: or
2. An entity under the control ot any natural person who is active in the management of the
entity and who hI! been convicted of a public entity crime. The term 'affiliate' includes Ulose "
officers, directors, executives, panners, sharehOlders, employees, members, and agents who are active
in the m~nagemeDl ot an affiliate. Thc ownership by one person of shares CQnsutuling a coDlrolling
intercst in another person, or a pooling of equipment or income among persons when not (or f~ir
marlcer value under an arm's lengUl agreement, shall be ~ prima facie case that one person CQntrols
anOther person. A pcrson who lcnoWingiy eDlers inlo a joinr venture with a person who has been
convicted of a public entity crime in Florida during the preceding 36 monthS Shall be considered an
affilia te.
7. . undersland thar a 'person' as defined in Paragraph 287.133(1)(c), Florid. Swnlles me:tns ~ny
natural person or entity organized under the l~ws of ~ny SLate or of the Uniled SLales wllh the legal
power to eDler into a binding COntract and whie.b bids or applies 10 bill on CQDlracts (or the prOVISion
of goods or services let by a pUblic entity, or which otherwise transacts or applies to :ransaCI business
With a public entity. The term 'person' includes those officers, direCtors, execuliv.s:s, partners,
shareholders. employees, members, and agents who are active in management o( an en illY,
8.
Based on information and belief, the SLatement which J have marlcell below is lrue in relalion (0 Ihe
eDlil)' SUbmitting tlUs sworn statement. [Pious. lollieote which storcroent. .pplics.)
"Pfl b(= J {"
'..
.-X.. Neither the entity submitting-uis sworn statemenl, lIor any officers. directors. cxecuuvcs.
partners, shareholders, employees, members, or agelllS wbo are aCllve ill management of the ClItHy.
nor any affiliate of lbe enury have: bt:.:n charged witll and conVlC1ed of a public cnuty c:nme
subsequent to July 1, 1989.
The enliry submitting this sworn statement, or ,.Olle or more of tile officers, directors. (
CieCiitivcs, partners, sbarcbolders, employees, members, or agenlS who arc active in management of
the entity, or an affiliate of tile entity has been charged witll and conviC1ed of a public ellury cnme
sUbsequent to July 1, 1989, ta.liIl [Pleue IndlcalC whlc:b alldlUonal SUllement applies.]
_ Thero has been a pro<:eccllng concerning tile conviction before a hearing' officer or
the State or Floriel&, Division of Al1miDisuauve Hearings. The final order enlered by tbe
hearing officer did not place tile person or affiliate on tile conVlctcd vendor list. [please
auac:b a cop)' oC !be f1Dal order.]
_ The person or amuate was placed on tile lXlDvic:tcd vendor lis!. There has been a
subsequent proc:eccling before a IleariDg officer of tile State of Aoriel&, Division or
AdmillisualiYe Hearings. The lina1 order entered by tile hcanng officer determined Ulat it
was in tile public Interest to remove tile persoll or affiliate from tile conVlC1ed vendor list.
[Please anac:b a cop)' oC lbe final order.]
..:.- The person or affiliate has DOt been placed on the convicted vendor list. [please
describe an)' ac:don Illitaa b)' or pend.In& wilb lbe Department oC General Services.]
ftL!I..~J~
8' ~I /9"0
Date:
STATE OF
COUNTY OF
Florida
Duval
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PERSONALLY APPEARED BEFORE ME, tile undersigned aulboriry,
Michael Langton
[name oC individual signing]
who, after first being sworn by me, affixed hislher signature
In the space provided above on this
1/
day oC (J, 'V" d:: . 19 q 0
~....1 g? ....---
NOTARY PUBUC
My commission expires:
NOTARY PUBLIC, STATE OF FLORI!)A
My commission expires Aug. 21. 19"
Bonded thru Patterson. Becht Agencr
NOTARY PUBLIC, STATE OF FLORI.:!A
My commissioll expire!> Aug. 21, 19~3
Bonded thru Patterson ~ B6Chf Ag~ncy
a
For.:\ PUR 7068 (Rev. 11/89)
c-