Item C06
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 6/15/05
DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: YES
DEPARTMENT: AIRPORTS
STAFF CONTACT PERSON: Peter Horton
AGENDA ITEM WORDING: Approval of Award of Bid, and Contract for The Growing Concern, Inc. the second lowest
bidder, for the Approach RlW 9 and 27 End Clearing project at the Key West international Airport.
ITEM BACKGROUND: The low bidder for the project has withdrawn their bid. The Growing Concern is the second lowe~
bidder on the project. This project will be funded by the Federal Aviation Administration and Passenger Facility Charge
Revenue.
PREVIOUS RELEVANT SOCC ACTION: Approval to submit PFC Application # 9, August 18, 2004.
CONTRACT/AGREEMENT CHANGES: New contract
STAFF RECOMMENDATION: Approval
TOTAL COST: 80,000.00
BUDGETED: Yes
COST TO AIRPORT: None
COST TO PFC: 4,000.00
COST TO COUNTY: None
SOURCE OF FUNDS: FAA, PFC Revenue
REVENUE PRODUCING: No
AMOUNT PER MONTH !YEAR:
APPROVED BY: County Attorney X
OMB/Purchasing X
Risk Management X
AIRPORT DIRECTOR APPROVAL
(/~jf-
Peter J. Horton
DOCUMENTATION; Included X
Not Required
AGENDA ITEM #
DISPOSITION:
/bev
APB
Jun 02 20 10~43a
p. 1
~.
MONROE COUNTY BOARD OF (;OUNTY COMMISSIONERS
CONTROiCT SUMMARY
Contrac: #
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! Contract with: The Growing Concern, Inc.
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I Contract Purpose/Description:
I Airport
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I Contract Manager: Bevette Moore
I (name)
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I for soce meeting on: 6/15/05
Effective Date: Execution
Expiration Date: 30 days
Approach RflN 9 ancl27 Eld Clearing project at the Key West international
# 5195
(Exq
Airports - Stop # 5
(Department! Stop)
c~~~_f\genda Deadilne: 5/31105
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I TotEd Dollar Value of Contract 80,000.00
1 Budgeted? Yes
I Grant Yes - FAA
j County Match: PFC Revenue
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! Estimated Ongoing Costs: n1a
I (not included in doaar value above)
CONTI~ACTGOSTS
Current Year Portion: 80,000.00
Account Codes: 404~63091-GAKA83
ADDIT!ONAL:OSTS
For: .
~sg, maii~enance; utilities, janitonal, salaries; etc.}
CONTRo..CT REViEW
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l Airoorts Director
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Date In
ChangEls
Needed
Yes No
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( ) 'Cr~,
Risk Management :1J;);]) 05
O.M.BJPUrch& .5' l.Lt f D-:{
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County Attorney
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Comments:
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Jun 02 20 10:46a
P & 1
SE;CTIOjf.l D
caNTRAC;;T TO
Approach RJW ~) and 27 End Clearil19
Key West In~ema,tiona' Airport
THIS AGREEMENT ma~e and entered into the: . day of ,
by and between 7hs. 6~i11; l:1H..a.!.fL,.&I77~ t ~s'~.~. Comractor,
and the Monroe County Board.. Commissioners, 7Key West, Florida, Owner.
WITNESSETH:
That the Contractor, for the consideration hereinafter fully set out hereby agrees with
the Owner as fo!!ows:
1, That the Contractor, shall furnish aU the materials, and perform all of the work in
the manner and form as provtd/:;:!d by the following enumerated Instruction to
Bidders, Form of Proposal, General Provisions, Special Provisions, Technical
Specifications, Form of Contract, Form of Bond, Drawings and Addenda, which
are attached hereto and made a part horoof, as if fully contained herein, for the
construction of: .
Approach RJW 9 and 27 End Cle,ring
Key West International Ai!1:!Prt
Monroe County, Florida
2.
That' the Contractor shall comrnence the work to bE performed under this
agreement on a date to be specified in a written order of the Owner and shalf
fully complete all work hereunder within::hirty {30} calendar days from the Notice-
to-Proceed (Construction) as per Specie: Provision No, 2,
'1
v,
The Owner hereby agrees to pay to the Contractor for thd faithful performance of
the agreement, subject to addltlofls and deductlons as provided In the
specifications or proposal in lawful mOI1€;Y of the Un\ted States as foHows:
Approximately g rt:rHry 7Z ~~~ Dollars
($ OCl ) in accordan;;::e with lump sum and unit prices set forth In the
proposal.
On or before the 15th day of each catendar month, the ~iecond shall make
partial payment to the on the Contractc; r basis of a certified and approved
estimate of work performed during the preceding calendar month by the
Contractor, less ten percent (100ft,) of th~: amount of such, estimate which is be
U-6
Jun 02 20 10~48a
10,2
retained by the Owner until all work has been perfonned strictly in accomanc"B
with this agreement
5, Upon submission by the Contractor of evidence satisfactory to the Owner that all
payrolls, material bills and othElf cost; incurred by thE) Contractor in connection
with the construction of the worK have been paid In full. final payment on account
of this agreement shaff be made withh tvventy (20) days after the completion by
the Contractor of aU work covemd by this agreement and the acceptance of such
work by the Owner.
6~ It is mutuaUy agreed between the partias hereto that time is of the essence in this
contract and in the event the construction of the work is not completed within the
time herein specified, it is agreed that from the compensation othe!\-vlse to be
paid to the Contractor, the Owner may retain the amounts described in the
Liquidated Damages Section per day for each day thereafter, Sundays and
holidays included, that the work remains uncompleted, which sum shall represent
the actual damages which the Owner \frill have sustained per day by failure of the
Contractor to complete the work \'llithin the time stipulated and this sum is not a
penalty being the stipulated damages the Owner wlll have sustained in the event
of such default by the Contractor.
7~ It is further mutuaily agreed between the parties hereto that if at any time after
the execution of this agreement and the surety bond hereto attached for its
faithful performance, the Owner shaU deem the surety or sureties upon such
bond to be unsatisfactory, or if, for any "e8son, such bond ceases to be adequate
to cover the performance of the work, .:he Contractor shall, at its expense within
five (5) days after the receipt of nOnGB from the Owner so to do, furnish an
additional bond or bonds in such fOfill and amount and with such surety or
sureties as shall be satisfactory to the Owner. In such event, no further payment
to the Contractor shalf be deemed to Of:. due under this C.igreement until such new
or additional security for the faithful performance of the work shall be furnished in
manner and furm satisfactory to the Owner.
IN WJTNESS WHEREOF the parties nt'3reto have executed this agreement on the day
and date first above written in two (2) cOl1nteq:arts, each of which shall, without proof or
accounting for the other counterpart, be deemod an original contract.
~~,,~ ~t.IU'~ tI~,~ . .
. (Contractor) 1 (Monroe County Board of Commissioners)
BY:LZ1~~~
Titfe:~~~
President'"
WITNESS:(l ~+~
MONROE COUNTY ATTORNEY
/)::!i'1VEO n 59ftM: ,/--
-L~ ( I 7V{~_~_7
PEDRO J, ~RCADO --4. ./
ASSiSTANTCO~
By:
Title:
WITNESS:
(SEALl
ArreST: DANNY L KOlHAGE, illRK
!1.r_
DEPUTY CLERK
Jun 02 20 10~47a
10.3
STATE OF FLORiDA
51 i"l
COUNTY OF }:1J?t.111 i!JE/tcll
/
L the undersigned autho .,', a Notary Public in and for said Cnunty and State hereby
certify that N,\),i r:. \'0 __ wt!ose name a~,C~;a ~~f _ Is
signed to the foregoing Instrument and iNho is known to me, 3eknowleged before me
on this day that being informed of the conte 11"5 of the within instrument, he, in his
capacity as such, executed the same voluntarily on the date the :same bears date.
Given under my hand and seal this '- '\ day of ~_
"..--.
, 201/ ') .
~~,# <} ~-<P"ir----
Notary PubUc
,.. Who is authorized by the corporation to .3xecub3 this contract
~f";';~1l""\I!filil';t;Il"'''-Ir$''''''''!'-.t'll$-'O-'''''\l''''''~lnil!ZJ:l~'iUI-E'l~~~'jl~~
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:ti;Zl'-'lt~ncs~ r'lJI'.;;. t~ ::
i &OOZi~atl Ba:idx? 5
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5" S~31. vtV\ '3" 31et3~ :
i-:jI.i)"iilil'''.","'","iI=!/l ~Jl.oe I- IS-.;, t .ll-......... 'Il 'l;''',,~ io llo..1I: l! 'li' 11.11 ~,.Wt;-"'-lF""IIol'
~\l:l".:s':;;;oilOta""'''>>*p''''':"i!'''"il5'''i ~1!l';"''I\l'''-I''-l'~'Ol'''''''!t~I'IlIJOit.llo~ilI
;' MERLE E. WATERS I
i C atnm# O:DO:.t$91@.7 i
i j~;q:;~~ 112~ :
; ~~*ru~a&JX~254!
i """, d$ NClllfy M"'I> it'''' E
i1~~~I!-"'!l--li';-lI:"~l:l';-~oC'I:-l:!l';!."'i -lljollli....U,<<\\O/i~....~\toll'~.,;II'......-l
11-3
Jun 02 20 lO:48a
F. 1
SECTIOiM C
ACKNOWLEDGMEN[r fOlt CHANGE ORDERS
TO: Monroe County Board of Commis:;foners
Key West, Florida
REF: ~J:J:proach RJVV 9 and 21 EOd Clearing
Key West International Airport
Gentlemen:
In order to avoid the necessity of extens,ive arnendments to thn referred contrad, the
undersigned acknowledges hereby that the folow!ng conditions are those for which
change orders are allowed under the Bid Law:
1. Unusual and difficult circumstances wIllen arose during the course of the
execution of the contract which could not have been reasonably foreseen.
2. Where competitive bidding for the new work for new money wtll work to the
serious detriment of the awarding 8!Jthority.
3, Emergencies arising during the course of the work.
4. Changes or alterations provided for in the original bid and originais contract.
77,L b~ fZoneUt-e/
Contractor
By:
Title: aES~
!i,i)
Jun 02 20 10z48a
p.2
SECT!O,l~ E
DRUG~FREE 'iYORKPLACE FORM
.. -~ .
The undersigned Contractor, in accordance with Flonda Statute 287.087, t-:ereby
certifies that
/! 17. ~ /
7J<' I:){~ (~P-M"27 /A:C': I (..n'~Se,40~:::ZUc_
(Name of BuSiness)
1 < Publish a statement notifying l~mpfOjd3eS that the unia\AJfuf manufacture,
distribution, dispensing, possession or Ug<~ of a controlled substance is prohibited
in the workplace and specifying thE:: actions that wiff be tarKen against employees
for violations of such prohibition.
2. inform such employees about the dangers of drug abuSE! !n the workplace, the
business' policy of maintaining a drug-free workplace. any available drug
oounseiing, rehabffitation and employee ~lssistance programs and the penaltIes
that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual
sei"v'ices tnat are under bid a copy of the st stamant specified in Sub-section (1).
4, In the statement specified in Sub~:3ection (1). notify the employees that as a
condition of working on the commodities or contractual 'sE!rvices that are under
bid, the employee wUl abide by thet terrn~> of the statemelot and wUf notify the
employer of any conviction of or plea of guilty or 0010 contendere to any violation
of Chapter 893 (Florida Statutes) or of any:ontroUed substance law of the United
States or any state for a violation occurring in the workplacEr no later than five (5)
days after such conviction.
5. impose a sanction on or require t11:! satisfactory participation in a drug abuse
assistance or rehabilitation program if such is avaHablEt In the employee's
community Of any employee who is so; convicted.
6. Make a good faith effort to continue to ms:intain a drug.free workplace through
implementation of this section.
As a person authorized to gign the statement, i Cii:rtffy that this firm compiies fuUy with
the above requkements,
Dat~:;: .-L?1~V l
Jun 02 20 10:49a
p.3
Sle!CTICJN F
PRiME BIDDE1Rt~S QijJALIFICATIOffS
Each contractor shall furnish with his bid the fcffowing completEK1 and signed statements
on "evidence of competency" and "evidenct:t of financial responsibility", is in
accordance with General Provision 20-02,
1,
Name of Bidd8fst 17tE-t!JI&JW~ en..eM..& ;::;tu , l?vJO~~c.
Business Address: 47.1 ~ ('; l:JT~
T elephane Number: 52-/ ~ t.~ 'Ill - r;; 9/ ;2
When Organized: 9- e>~
Wham Incorporated: Pttlll:l;:;/J/1
2.
3.
4.
5.
6.
How many years have you, been isngagud in the contracting business under the
present firm name? ::J AI 'l:/)~ ,
"
7.
What is the type of constrl....!ction work in ifJhich you are principally engaged?
SZl: ~~O __.
8,
On separate sheet list major contrclcts in ',J8St 10 years.
9.
On separate sheet list equipment 8Jld plant available for this project
10.
Enclose a copy of latest Financial Statem3nt.
11.
Credit Available for this Contract: t....s:;~ (200 --
12< Contracts now in hand. Gross Amount $ C)
13. Have you ever refused to sign a contract fIt your original bid? MO
14. Have you ever been declared in default on a contract?
d/CJ
15. On separate sheet, fist the last nif6 (5) projects over $'100,000 on which the
contractor has worked, and te!eph0f18 numbers. ~ t:*~ ~
16. Remarks:
(The above statements must be subscribed and sworn to before a Notary Public.)
lw21
Jun 02 20 10:50a
Date:
Finn Name:
By:
Title:
~ /J ,P L?-c: ~
~ . .?~,
~L Gl?aun~ (l-Al:l~,U,,o ~tL;7~~8~ 2U~.
ij~~ --~-
t?/US:c ~Afr
Nota!"'1 Public: ~~ { A;;;t> _
~~~~~.~~$eME~Ri1!E:~WA~'
i ~~1r,' f
~ ~1i;!~
~ ~!I:",
: ~NOlary4l!l!. hie :
....oj"'"..-5-;!Ii-'il.t=ll':lIa.'i:;:;jjo~ll'.e-""..i!!l!I~'il;;..~~..,"'~~@i::a~~'~~
p.4
Jun 02 20 lO:51a
p. 1
SECTIOif\l G
DiSCLOSURE OF LO_IBY ACTIVITIES
Ceriifi~atlon of Contract$~ Grant~~ Lo~'ns and COOpii'n"ative Agreements
The undersigned certifies, to the best af 111s or her knowledge and belief, that
(1) No Federal appropriated funds have beon paid or wlil bEl paid by or on behalf of
the undersigned to any person for influencing or attempting to influence an officer
or employee of any 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 !T!aking of any Federal Grant, the making
of any Federal loan, the amenn" into of any cooperatrve agreements and the
extension, contlnuation, renewal, amendment or modmcatton of any Federal
contract, Grant. foan or cooperative agrEH~ment
(2) If any funds other than Federal appropriate funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a member of Congll}ss. ar1 officer or employee of Congress or an
employee of a member of Congress ir1 connection with this Federal contract.
Grant, loan. or cooperative agnEiemem, the undersign9d shail complete and
submit Standard Form-LLL. "Disclosure of Lobby Activities", in accordance with
its instructions.
(3) The undersigned shall require that jthe language of this certification be included in
the award documents far an Bub..a!ward's at aU tiers (including subcontracts, sub-
grants and contracts under Granu~! loanH and cooperative agreements) and that
al( sub-recipients shan certify and disc!OS4!j accordingly.
This certification is a material representation of fact upon whleh reliance was placed
when this transaction was made or entered irno. Subfnission of trns certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, U.s. Code. Any person who faUs to me the required certmcHtion shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such
fanum.
Signed:
c'
--'-
Datisd: s: # t1J
nrractors Authorized Representative
1-23
Jun 02 20 lO:51a
p.2
-'
Officer of the State of Fl~)ridaf Division of Administrative Hearings. The
Final Order entered by the Hearing Officer did oot place the parson or
affiliate 011 the convicted vendor list (Please attach a copy of the Final
Order. )
... . The person or affiUate was placed on the convIcted vendor fist. There has
been a subsequent proc€Hding before a hearlo\a officer of the State of
Florida, Division of Admlnfstrativ!:: Hearings. The, Final Order entered by
the hearing officer determIned that it \-'\/as in the public interest to remove
the person or gffiliate from the convicted vendor list (Please attach a
copy of the Final Order,)
V The person or affiiIate has not b earl placed on the convicted vendor list
(Please describe. any. action takE',n by or pending with the Department of
General Services.)
Signature of Aut.'1onzed Representative:
/?;f'~~'
fJzts.z;O~7
Tifle
~~(f 7 ?O"--
Date
STATE OF FLORIDA
COUr-.fTY OF~/;tL41I1$/I1'/t'
The foregoing instrument was acknowledged before me this ).'1 day of /J1 J/ V
l
~/7 /1 _ /
200.7f by. /~ {'.Hb"'''~ C~.F!:~ Ii'&~ .(t:r...,Af&.,.,v~~
. ole, C:>rporaU:m or Partner~ip) ·
who is persona fly known to me or who nlE!S produced. 'd~i/t:JIS ~~4"5r
as identiftcation and who didJdittnot take~~!!:>
@d. ? .kA2k:;/ __
(Signature of Notary PUbllc, State of Florida at Large)
-:ell j
~i;!'lt,~IIl'.%""'IN.
MERLE E~.wArERS~~&(t~
~~V' !
~"1.a.~
~IMJ
~
........._~~. ~ ;
-~--""....
1.
My Commission Expires/--- 20- tJ/'I:_.
r-30
Jun 02 20 10~52a
p.3
.-
SECTIOi[~ K
SWORN STATEMENT PURSUANT TO SECTION 2B7~133(3)(a)w
FLORIDA. STATUTES. !GN PUBLiC ENTITY CRiMES
This form must be signed and sworn t() In trie presence of a Notary Public or other
official authorized. to administer oaths.
i. This sworn statement Is submittedvvtth Eld, Proposal or Contract No.
LJ to 3'8'0 Cf W'. 0000 __,'
for /l10IUM'f. (lJOJury~ftA tJ~\. C1o~y,~~
2. This sworn statement is submitted by .L~L 6JlrJI~~ ~ f:~Gt.IlA) fALCo, Ur.aoS64fC
,name of entity ubollWng sworn statement)
whose business address is 4's~'({ WWHtmr ~IO (Al:LWOD:1l- FI. l..wu
7s-~ 30 g /730
and (if applicable) its Federal Empl()yer Identification Number (FEiN) Is:
(If the entity has no FEIN; indudi: the Sodal Security Number of the individual
signing this sworn statement: .)
3.
My name is /?JAil( (5l.lT1tlt:tr~,
my (please print name of Individual signing)
relationship to the entity named above is. flAtsm't/Vrr
and
4. I understand mat a "pubiic entity crime", as defined in Palragraph 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 tram:action of business with any PtlbUc entity
or with an agency or political sUiJdivision of any ather state or of the United
States. including, but not Umited to, any bid or contract for goods or services to
be provided to any public entity or an ag~mcy or poUtica! s;ubdivision of any other
state or of the United States and Involving antHrust, fraud, theft, bribel)',
ooUusion, racketeering, conspiracy or malerial miHepresentation.
5. i understand that "convicted" or liconviction", as defined in Paragraph
287 .133( 1 )(6), Florida Statutes, means a fin~ing of guilt or a conviction of a
public entity crime with or without an adj udlcation of guilt in any federal or state
trial court of record relatfng to charges bwought by indictment or information after
July 1, 1989, as Ii result of a jury verdict non-jury trial or fentry of a plea of guilty
or 0010 contendere.
~-2a
Jun 02 20 lO:53a
p.4
SE;CTION L
SWORN STATEMENT U"IDER ORDINANCE I~O~ 10~1990
MONROE COUN'1lY, FLORIDA
ETHI1CS CI,AUSE
/J'l:--;1Itt< 0U'!"HJU:'1; warrants that hellt~
employed, retained or otheMise had act on his/its behalf any mrmer County officer or
employee in violation of Section 2 of Ordinant~ No. 10~19g0or any County officer or
employee in violation of Section 3 of Ordinanco No~ 10-1990. For breach or violation of
this provision the County may, in its discretioE. terminate this Contract without lfabUity
and may also, In its discretion, deduct from the Contract or pUf(~hase price or otherwise
recover the fun amount of any fee, commission, percentage, gift or consideration paid to
the former County officer or employee.
._--L:~~4~ (
(S i{~nature )
Date: .::;-:- GZ L( ~O 5-
c:/ ·
STATE OF: .(.-t;1.if/ /),/1
COUNTY o~~e/~~>~t'hI
PERSONALLY APPEARED BEFORE ME the undersigned authclrity:
!" =<-- .,.,..
who, after first being swom by me, affixed. his/hor signature (name of individual sj9nlng)
in the space provided above on this 1.. \.A~ ,jay of ~~ . 20 ~.... "
~~$fTAf* fl=l" tl ---;--
{,";:;lgnature 0, '<(utaI)' Ub Ie, tate 0 _ onea a ar<~e}
~~.F~ .,E: if~#2':leiPJ'
(Print name of Notary Public)
My Commission E.xpires /;....,~;Jf_ d9
I
,--....,..
! Mai:ilE
! ~D~Hl; .
i E*-~J:i:~ !
.. : ~. Il~ 111..... (,0;;)43:;.....1
~O'j~~"".e.ti//r~icl<<~~!!,~$~ A3r.n.,!m; ::
W-ij;~,;l"'i!to"'i5"'~$~11
f~31
Jun 02 20 10~53a
p+5
6, I understand that an "afflfiatei\ .:i$ defi1ed in Paragraph 287~ 133(1)(a), Florida
Statutes, means:
a. A predecessor or successor of a person convicted of a public entity
crime; or
b. An ent'ty under the oontrtJ of any natural person is active in
the management of the eiiltfty arid who has been convicted of a publiC
entity clime. The telm "affiliate" Includes those officers, directors,
executives, partners, shareholders, employees. members and agents who
are adive in the management ,,)f an affiliate. The ownership by one
person of shares constituting a exultroUing interest In another person or a
poofing of equipment or income among persons when not for fair market
value under an armIs length agn;ement. shail be a prima facie case that
one person controls anothE!f pers,)n. A person who knowingly enters into
a joint venture with a person. wh J has been convicted of a public antil'l
crime !n Florida during the preceding 36 months shall be considered an
afflUate.
7. I understand that a "person!'!", as defin,3d in Paragraph 287.133(1)(e), Florida
Statutes. means any natural person or entity organized under the laws of any
state or of me United States with the legal power to entei. into a binding contract
and which bids or applies t.o bkl on contracts for the provision of goods or
services let by a public entity or which o:therwise transacts or applies to transact
business with a public entity. The ierm "person" includes those officers,
directors, executives. partners. shareholders. employees, members and agents
who are active In management of <in entfi,y.
8. Based on information and belief. the st::itement which I have marked below is
true in relation to the entity submitting this sworn statement (Indicate which
statement applies.)
LNeither the entity submittin!j this :;worn statement nor any of its officers,
directors, executives, partners. liharehoiders. employees, members or
agents who. are active in thE1 man~~lgement of the entity, nor any affiliate of
the entity has been charged with and convicted of a public entity crime
subsequent to July 1 f 1989.
The entity submitting this ~'\'Om statement or one or more of its offICers,
. directors, execuiives. partners. ~ihareholders, employees, members or
a.gents who are active in the mana gamont of the entity or an affiliate of the
entity has been charged \ftith and convicted of a publiC entity crime
subsequent to July 1 ~ 1989. AND (please indicate which additional.
statement appfies)
There has been a proceeding CO'l~mjng the conviction before a Hearing
!-29