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09/12/1990ADDENDUM TO CONSULTING AGREEMENT This ADDENDUM TO CONSULTING AGREEMENT is made and entered into this 12th day of September 1990 by and between the Board of County Commissioners of Monroe County, Florida, hereinafter called the "Client" and Mr. Martin E. Firestone, whose address in 1000 Connecticut Avenue, N.W. Suite 500, Washington, D.C. 20036, hereinafter called the "Consultant". 1. Pursuant to this Addendum, Consultant agrees to contin- ue to provide to Client professional cable franchise consulting services as provided for and described in that certain Consulting Agreement entered into by and between Consultant and Client on the 1st day of November, 1989. 2. Consultant shall be compensated for services performed pursuant to this Addendum on the following basis: Consultant shall submit an invoice to Client showing the hours expended at $180.00 per hour, commencing as of the 1st day of May , 1990. Customary out-of-pocket expenses (including, but not limt�ed to javel, FAX, overnight delivery service, etc.) are not inC-9 w 'gpc1kTde(tiA v Zhe hourly rate and shall be separately invoiced by dns-QR taiitcta Client, in accordance with Sec. 112.061 Florida U U Setae. o o a. zva iUjacCordultant shall submit to Client monthly invoices for A � servieas provided and out-of-pocket expenses; provided, however, payment of such invoices shall be deferred until such time as a cable franchise(s) agreement(S) has been executed and entered into by Client and cable franchisee(s) and pursuant to such agreement(s), cable franchisee(s) has agreed and consented to reimburse Client in full for costs and expenses incurred by Client in retaining Consultants services. If for any reason the franchise does not agree to reimburse the client in full for costs and expenses, the total compensation the County shall pay shall not exceed $7000 or $3500 per contract reviewed. 4. This Addendum shall be deemed effective as of the 1st day of May , 1990, and shall terminate upon the acceptance and execution by Client of a cable franchise agree- ment(s); provided, however, that either party may earlier 01 terminate this agreement with or without cause upon thirty (30) days written notice. If the Contract is terminated, with or without cause, the total compensation the County shall pay shall not exceed $7000.00 or $3500.00 per contract reviewed. In Witness Whereof , the parties hereto have duly executed this agreement the day and year first written above. BOARD OF COUNTY COMMISSIONERS OF MONRO COUNTY FLORIDA By (SEAL) Attest:DANNy �. ]ZOI�HgC� CI k er + C RK y Martin E. irestone W THE S APOWOVEDAS TO POW AND LEGAL SUFF/CENCy. By Attars y's Office 1 SWORN STAT61ENT UNDER SECTION 257.133(3)(u), 1 FLORIDA STATUTES. ON PUBLIC ENTITY CRIMES 1 THIS FORM MUST BE SIGNED IN THE PRESENCE OF'A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Contract No. for cable consulting contract 2. This sworn statement is submitted by Mullin, Rhyne, Emmons and Topel, P. C. [name of entity submitting sworn. statement] whose busi7ess address is 1000 Connecticut Avenue - Suite 500 Washington, DC 20036 and (if applicable) its Federal Employer Identification Number (FEIN) is 52-1098700 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ) 3. My name is Martin F. Firestone and my relationship to the [please print name of individual signing] entity named above is Of Counsel 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. S. 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 court of record relating to charges brought by indictment or information after July 1, 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 Statutes. 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 har been convicted of a public entity crime. The term 'affiliate' includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venrnre with a person who has been convicted of a public entity crime in Florida during the precedLg 36 months shall be considered an affiliate. 7. . understand that a 'person' as defined in Paragraph 287.133(1)(e), Florida Statutesmeans any natural person or entity organized under the laws of any state or of the United States with the legal power to 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 entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] X Neither the entity submitting this sworn statement, .nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 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 1, 1989, AND [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 final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. [Please attach a copy of 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. [Please describe any action taken by or ding with the Department of neral Services.] C..=._.� [signature] Date: 9/ 11/90 YsVX&K SjK DISTRICT OF COLUMBIA) -Wit: PERSONALLY APPEARED BEFORE ME, the undersigned authority, Martin E. Firestone who, after first being sworn by me, affixed hissignature [name of Individual signing] in the space provided above on this llth day of Sept. , ig 90 NOTARY PUBLIC; Y♦ II 11 A\1 � I ... �. For: t PUR 7068 (Rev. 11/89)