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02/13/1990 Agreement b oouWt� c l� r J y J� N , CUn O � L9Ayf1 ma d0� �pOF COUNTY. �. /113annp LL. 3o[fjage BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY P.O. BOX 379 MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070 TEL. (305) 743 -9036 KEY WEST, FLORIDA 33040 TEL. (305) 852 -9253 TEL. (305) 294 -4641 M E M O R A N D U M To: Charles Aguero, MSD Director From: Rosalie L. Connolly, Deputy Clerk Date: February 21, 1990 Subject: Bond Counsel Services As you are aware, at the February 13th meeting, the Board of County Commissioners authorized execution of an Agreement with Nabors, Giblin & Nickerson concerning Bond Counsel Services for financing certain capital equipment. Attached hereto are two duplicate originals of the subject Agreement which has now been executed by all parties. It is our understanding that your Division will forward one of these docu- ments to Nabors, Giblin & Nickerson. The other is for your own files. Rosalie L. C• nolly Deputy Clerk cc: County Attorney County Administrator Finance Director File RECEIVED JAN 2 2 iScn AGREEMENT RE: BOND COUNSEL SERVICES The undersigned, on behalf of the Monroe County Municipal Service District, Monroe County, Florida (the "District ") and Nabors, Giblin & Nickerson, P.A., Tallahassee, Florida ( "Nabors "), do hereby agree as follows: 1. Nabors shall provide bond counsel services to the District in connection with the issuance by the District of its Special Obligation Note, Series 1989, for the purpose of financing the acquisition of certain capital equipment for use in connection with the District's solid waste disposal system. 2. Such services as bond counsel shall include preparation of all necessary and appropriate resolutions, certificates and other documents necessary to authorize and issue the note, the attendance at any meetings deemed necessary by the District, and the delivery of an opinion at closing that interest on the note is excludable from gross income for federal income tax purposes. 3. Nabors will be paid a fee of $9,800 for its services as bond counsel. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands as of the 13th day of February , 19 90. MONRO COUNTY MUNICIPAL SERVICE DISTRICT ayor, Mig of ATTESTPANNY L. KGLFiAGE, Clerk County Commissioners ■ ‘&4 4 e 0..0 1 Clerk A� NABORS, GIBL & NICKER ON, P.A. 4 7 il j� AND LEGAL SUFFICIENCY. L e io- BY . Attonwto - SWORN S"IAT M NT UNDER SEC'T'ION 2S7.133(3)(a), aORIDka ON PUBLIC ENTITY CRIMES - THIS FORM MUST BE SIGNED IN 'r'fil; PRESENCE: OF A.NOTARY.. PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER 1. This sworn statement is submitted with, Bid, Proposal orContract:Nor. N/A for Bond counsel services for Monroe County Municipal Service District pecia O igation Note, Series 989 'T1yls sworn statement is submitted by NABORS, GIBLIN & NICKERSON, P.A. [name of entity submitting sworn statement] who business address i9 _ 315 South Calhoun Street, Suite 800 • Tallahassee, Florida 32301 ---- and (if applicable) its Federal Employer Identification Nu ( mber•): 59- 2427540 (If the entity has no FEIN, include the Scum' Security Numb= individual signing this sworn statement: 3. My name is Robert L. Nabors and my relationship to the [please print name of individual signing) entity named above is President 4. I understand that a 'public entity crime" as defined in Paragraph 287.133(1)(g), Florida Staautrs, 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 contracr 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'Paragraph287.133(I)(b), I±lorida St.-tturts, 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, norrjury 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 StaruteS, means: 1. A predec ssor or successor of a person convicted of a public entity crime: or 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 terms ` affiliate' includes these 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 joist venture with a person who has been convicted of a public entity critne in Florida du ring the preceding 36 months shall be considered an affiliate. 7. understand that a 'person" as defined in Paragraph 287.133(1)(e), �lor idA St nrnre means 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 foods 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) • _ Neither the entity sLbtztiuiug this sworn s[aternent, aor'atzy ofacrrs, directors, ere u[ives, p rtncrs, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have beer, charged with and convicted of. a. public entity crrne subsequent to July 1, 1989, The entity submitting tale s orrl statement, ar.oIte- or more of the officers, directors, :zccutive , partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity h. as been charged with and convicted of a public entity c Subsequent to July 1, 1989, $ JD [Please h dt.'xite which adr.ittoual statement applies.] There has been a proceeding concerning the conviction before a hearing oMeer 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. rPlease attach a c,py of the final order.] The person or affiliate was placed on the convicted vendor list. There has been a subsequent prOce ding before a h.e::ring officer of: the State. of Florida, Division of Administrative Hearings. The final otder entered by the hearing officer determined that it was in the public. interest t0 remove he person or affiliate the convicted vendor list. [Please attach a copy of the finial order.] The person or affiliate has not been placed on the convir eci vendor list. [Please describe any action taken by or pending. with the Department of Genetui Se viers.] _ 2, (signature] Date: ZI S 1 f, a STATE OF _ FLORIDA COUNTY OF LEON PERSONALLY APPEARED BEIORE ME, the undersigned authority, Robert L. Nabors ` who, after fast being sworn by rte, ;affixed his /her Signaruie [name of individual signing] it the space provided above on this 5th day o f February 19 90a A d lir IC - 4!_ ! My commission expires: N • ARY YUBY.it: tictaay ;er_i. f..,..._ < • BonwJ f.. y)Z ire Form FUR 706E (Rev. 11/89)