Resolution 266-1991
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Environmental ReliKi>urB~D ?CcnRO
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RESOLUTION NO.
266 -1991
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS AUTHORIZING THE MAYOR/CHAIRMAN TO
ENTER INTO A CONTRACT, ON BEHALF OF MONROE
COUNTY, FLORIDA, WITH DR, BRIAN LAPOINTE OF
HARBOR BRANCH OCEANOGRAPHIC INSTITUTION FOR
COMPLETION OF A PROJECT TO STUDY EUTROPHICATION
AND TROPHIC STRUCTURING IN MARINE PLANT
COMMUNITIES IN THE FLORIDA KEYS.
WHEREAS, the COUNTY has a vital interest in the study and
protection of the marine resources and nearshore water quality
in the Florida Keys; and
WHEREAS, the
COUNTY, commensurate with the aforementioned
interest, is required under the Local Government Comprehensive
Planning and Land Development Regulation Act, Chapter 163.
Florida Statutes (F. S. ), to collect information and assess the
character and quality of the marine resources under its
jurisdiction; and
WHEREAS, the COUNTY submitted a grant proposal to the
Florida
Department
of
Environmental
Regulation
entitled,
"Eutrophication and Trophic Structuring in of Marine Plant
Communities in the Flor.i.da Keys," hereinafter referred to as the
"PROJECT," in order t.o fund a study of its marine resources; and
WHEREAS, the COUNTY was awarded the grant by the Florida
Department of Environmental Regulation, hereinafter referred to
as "FDER," for completion of this PROJECT; and
WHEREAS, the COUNTY has sought qualified consultants to
complete this PROJECT through a Request for Qualifications; and
WHEREAS, the COUNTY awarded an approval for completion of
the PROJECT to the above named CONSULTANT;
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 contract on behalf of the Board
of County Commissioners with Dr. Brian Lapointe of Harbor
Branch Oceanographic Institution, A copy of the contract is
attached and incorporated by reference.
PASSED AND ADOPTED by the Board of County Commissioners of
7th day of August, A.D, 1991,
Monroe County, Florida, at a regularly scheduled meeting held on
Mayor Harvey
Mayor Pro Tern London
Commissioner Cheal
Commissioner Jones
Commissioner Stormont
(Seal)
Attest: ~. ~QJ.liAQiI. eil2rit~
~ag~ )).e,
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
- .. ... ~-
\i:) .~~ VY"" ~...- -', "
Mayor/Chairman
.Bl'
~N ~_~~~1'
THIS CONTRACT, is made and entered into on this 7th day
of August, A.D. 1991, by and between Monroe County, Florida, a
political subdivision of the State of Florida, hereinafter
referred to as "COUNTY," and Brian Lapointe of the Harbor
Branch Oceanographic Institute, Route 3, Box 297A, Big Pine Key,
Florida 33043, hereinafter referred to as "CONSULTANT,"
WIT N E SSE T H
WHEREAS, the COUNTY has a vital interest in the study and
protection of the marine resources and nearshore water quality
in the Florida Keys; and
WHEREAS, the COUNTY, -commensurate with the aforementioned
interest, is required under the Local Government Comprehensive
Planning and Land Development Regulation Act, Chapter 163, F,S"
to collect information and assess the character and quality of
the marine resources under its jurisdiction; and
WHEREAS, the COUNTY submitted a grant proposal to the
Florida Department of Environmental Regulation entitled,
"Eutrophication and Trophic Structuring in of Marine Plant
Communities in the Florida Keys," h~r~inaft~r referred to as the
"PROJECT," in order to fund a study of its marine resources; and
WHEREAS, the COUNTY was awarded the grant by the Florida
Department of Envi ronmental Regulati on, hereinafter referred to
as "FDER," for completion of this PROJECT; and
WHEREAS, the COUNTY has sought quali fied consultants to
complete this PROJECT through a Request for Qualifications; and
WHEREAS, the COUNTY awarded an approval for completion of
the PROJECT to the above named CONSULTANT;
NOW, THEREFORE, in consideration of the mutual covenants
and conditions hereinafter contained, the COUNTY does hereby
employ the CONSULTANT and the CONSULTANT hereby accepts
employment under the terms of this CONTRACT,
AB~_ICLE ~ Fn~'M{t;_!!'lQ
Section 1. Funding.
The funding for the services required under this CONTRACT
shall be provided by the COUNTY to the CONSULTANT in the amount
of $48,000. All payments shall be made according to the
schedule described in Article T I I of this CONTRACT. The total
payment for the services and work products produced by the
CONSULTANTS shall not exceed $48,000 except by a mutually agreed
upon amendment to this CONTRACT, approved in wri ting by the
Board of County Commissioners, for additional professional
2
services not described in Article II, Scope of Professional
Services, or as provided in Ar.ticle V of this CONTRACT,
ART I CL..E;--.1_L~,~~J>PI!:__QK__:I:>ROI!"l!;SSI QNl\.k~~RY!CJ$S
Section 1,
General Scope of the Project.
The CONSULTANT will take a two pronged approach involving
experimental and field components. The CONSULTANT will use
controlled flowing seawater aquaria experiments under natural
condi tions to determine the effects of nutrient loading on the
growth of the two seagrass species native to the Florida Keys.
The CONSULTANT wi 11 perform qual i tati ve and quanti tati ve
comparisons between the controlled aquaria studies and a field
based transect surveys designed to assess the trophic state of
seagrass meadows under various degrees of nutrient enrichment.
The controlled aquarium experiment has as its goal the
determination of the effects of nutrient loading of the water
column on the growth and pr.oducti vj ty of the two species of
seagrass common to the Florida Keys. The experiment is designed
as a 2 X 2 factorial experiment using the species Halodule
jlrightii and 1'h~__tassi~ t~J!.tud:i!l~l!I.
The CONSULTANT will use replicate three replicate aquaria
for each of four experimental treatments: 1.) control ambient
water column nutrient levels; 2) nitrogen enrichment; 3)
3
phosphate enrichment; and 4) combined nitrogen and phosphate
enrichment. The CONSULTANT will collect data on relative growth
rates, rates of blade formation, above-ground productivity,
area-specific epiphyte loads, and physiological nutrient
limitations as measured by alkyline phosphatase activity,
The CONSULTANT will analyze data collected through the
experiments for effects of ni trogen and phosphate enrichment,
and any interactions, on seagrass growth and physiological state
by two-way ANOVA.
The CONSULTANT wi 11 uti lize the information gathered from
these experiments to predict the expected outcome of increased
nutrient loading and subsequent increased phytoplankton and
epiphyte standing stocks on each of the two seagrass species,
Eutrophication has resulted in loss of seagrass habitat
in many developed coastal areas worldwide and may currently be a
problem in many localized areas of the Florida Keys. The
CONSULTANT will conduct summer and winter field studies along an
onshore-offshore gradient to quantify water column and benthic
marine plant community structure Rnd physiological state in
habi tats wi th differing nutrient regimes. Permanent transects
will be established in hyper-eutrophic, eutrophic,
mesotrophic, and oligotrophic habi tats (based on current
ambient water quality information and existing knowledge
concerning seagrass community trophic state) that include
4
canal systems, shallow open bays and natural channels, as well
as offshore locations along the Florida Keys reef tract.
In addition to the onshore-offshore gradient, four other
locations through the Keys will be sampled to determine the
current state of seagrass habitat in these areas as compared
to the gradient. These studies wi 11 provide, for the first
time, a synoptic conceptual model of eutrophication that can
be utilized to determine the degree and extent of man-induced
alterations in nearshore marine plant communities.
Section 2,
Specific Work Tasks Required.
Task 1,
The CONSULTANT wi 11 produce a comprehensive project
initiation report, which will define the precise methodology and
time frame for the adequate completi on of thi s CONTRACT. Thi s
report will include a delineation of the research hypothesis,
the experimental design, the methodology for completing the
CONTRACT requirements, and a Research Quality Assurance Plan,
hereinafter referred to as "RQAP." The Requirements of the
RQAP are further defined below. A project completion schedule
shall be provided in the project initiation report. The COUNTY
will review the project initiation report prior to final
acceptance.
5
Task 2.
The CONSULTANT will complete an RQAP in compliance with
Section 6 of the document entitled, "DER Manual for Preparing
Quality Assurance Plans, DER-QA-00l/90," as required in the
COUNTY'S contract with the Florida Department of Environmental
Regulation relating to the funding and completion of this
PROJECT, The FDER Contract is entitled, "Agreement for a
Study of Eutrophication" and is identified as DER contract No,
CM - 300 which is incorporated in thi s CONTRACT as Attachment
A, Ini tiation of any research authorized under this CONTRACT
shall not begin, as defined in this Task, (ARTICLE II, Section
2, Task 2), until the FDER approves the RQAP for substance
and adequacy.
Task 3.
The CONSULTANT will conduct a comprehensive search of the
scientific literature (e.g. refereed journals, technical
reports, unpublished reports, and projects underway) which will
include, but not be limited to, references which quantify and
characterize standard water chemistry parameters for the waters
surrounding the Florida Keys and otl1er tropica 1 water bodies;
examples of and/or definitions for i'>lltrophication in tropical
seagrass and other marine plant communities; references to
seagrass community structure, trophic state and physiology;
and references relating water quali ty parameters and ecosystem
trophic state to the processes of eutrophication,
Task 4.
6
The CONSULTANT shall complete the research contemplated in
ARTICLE II, Section 1, and as further identified in ARTICLE II,
Section 2, Task 2 of this CONTRACT. As part of the requirements
for completion of this Task, the CONSULTANT will produce monthly
progress reports to the COUNTY for review and approval. The
progress reports shall include a summary of the work completed
to date with reference to the requirements of ARTICLE II of this
CONTRACT. Progress reports shall be required at the end of each
month for the months of September through December 1991. These
progress reports will be submitted as part of required quarterly
reports from the COUNTY to the FDER.
Task 5.
The CONSULTANT will complete a final project report at the
completion of ARTICLE II, Section 2, Tasks 1 through 4 of this
CONTRACT. Through 'the report the CONSULTANT will present all
data gathered under the requirements of thi s CONTRACT. The
final report will be completed in d standard scientific format
including Introduction, Methodology, Results, and Conclusions,
In compliance wi th the COUNTY'S contract wi th the FDER, the
CONSULTANT will also provide an executive summary of the project
and a completed National Technical Information Service Form 272.
Section 3,
Notice to Proceed.
Notice to proceed with the PRO,JECT as outlined in Article
II, Sections 1 and 2 shall be given in writing by the project
manager as defined in ARTICLE I I, Section 6 of this CONTRACT
7
upon execution of this CONTRACT between the COUNTY and the
CONSULTANT.
SectioIl_ 4., Work Schedule.
(A) Completion of ARTICLE I I, Section 2, Tasks 1-2 shall
occur no later than 31 August 1991.
(B) Completion of ARTICLE II, Section 2, Task 3 shall
occur no later than 31 October 1991
(C) Completion of ARTICLE II, Section 2, Task 4 shall
occur no later than 31 January 1992.
(D) Completion of ARTICLE II, Section 2, Task 5 shall
occur no later than 31 January 1992.
Section 5, Project Manager.
Unless otherwi se provided the proj ect manager and contact
person shall be the Monroe County Director of Environmental
Resources who works under the authority of the Assistant County
Administrator for the Growth Management Division, County
Administrator, and the Monroe County Board of Commissioners.
~~IGI:,.E__LIL_=__l?~~_F9R J)~OFESS IONAL SE~VICES
Section 1, Total Payment.
In consideration of the performance of all of the services
described in Article II of this CONTRACT, except as provided in
Articles I and V, the COUNTY shall pay the CONSULTANT $48,000 in
the individual amounts specified below which shall constitute
8
full and complete payment for all services performed under the
terms of this CONTRACT.
Section 2,
Partial Payment.
(A) Upon adequate completion of ARTICLE II, Section 2,
Tasks 1-2 and after approval of the required product by the
COUNTY, the COUNTY shall pay the CONSULTANT $20,000,
(B) Upon adequate completion of ARTICLE I I, Section 2,
Task 3 and after approval of the required product by the COUNTY,
the COUNTY shall pay the CONSULTANT $5,000.
(C) Upon the adequate completion of each progress report
as required under ARTICLE I I, Section 2, Task 4, and after
approval of the each report, the COUNTY shall pay the CONSULTANT
$4,000, up to a total of $16,000.
(D) Upon adequate completion of ARTICLE II, Section 2,
Task 5 and after approval of the required product by the COUNTY,
the COUNTY shall pay the CONSULTANT $7,000.
pection ~_~_ Method of Payment,
Following the completion of ~ task, or payable portion
thereof, the submi ssion to the COUNTY Director of Environmental
Resources of any work product (s) n~qui red under the task as
specified in Article I I, Section 2, and the acceptance by the
Director of Environmental Resources of the work product( s) and
services
rendered
as
meeting
the
requirements
of
this
CONTRACT's scope of services, the CONSULTANTS will submi t an
invoice to the COUNTY in accordance with the amounts specified
9
in ARTICLE III, Section 2 of this CONTRACT.
,]~he CONSULTANTS may
provide itemized invoices for payment on a monthly basis if they
desire, Payments for any month will not exceed payment
requirements for each task submitted to that date. Payment by
the COUNTY shall be made within 30 days of the submission.
Section 4, Accounting and Records.
Records of the CONSULTANT'S di rect personnel
expenses pertaining to thi s CONTRACT and records
between the COUNTY and the CONSULTANT shall be
payroll and
of accounts
kept on a
generally recognized accounting basis and shall be available to
the COUNTY or an authorized representative during business hours,
Mi'!',I~~E J,y_=-_ CQUNTXnJ:~~J>.r>ONSI!!ThL.tI~~
Section 1.
Responsibilities
The COUNTY shall:
(A) Provide guidance, assi stance, and coordination to the
CONSULTANT to the extent necessary and feasible; and
(B) Provide reference documents nS necessary; and
(C) Provide timely review of submittals required of the
CONSULTANT under the terms of this CONTRACT; and
(D) Provide tim~ly review of the final report and provide
comments, as appropriate, within thirty days of submittal.
10
~TI~~~__V _-=__149PJX.1~A'!"JQN,__ Clffi'rl\~ LMENT" ~/Q~__'J::'~!U'1nf~.1:.LQN
Section 1,
Project Modification,
Additions to, modifications, or deletions from the scope of
services outlined in Article I I may be made by the COUNTY and
the CONSULTANT,
and the compensation to be paid to the
CONSULTANT may be adjusted accordingly by mutual agreement of
the parties.
Change orders, excluding completion date changes,
will not be effective until approved by the Board of County
Commissioners of Monroe County, Florida.
It is distinctly
understood and agreed that no claim for extra work done or
materials furnished by the CONSULTANT will be allowed by the
COUNTY except as provided herein, nor shall the CONSULTANT do
any work or furnish any materials not covered by this CONTRACT
unless such work is first authorized in writing by change
order,
Any such work or materials furnished by the CONSULTANT
without such written authorization first being given shall be at
his own risk, cost, and expense, and the CONSULTANT hereby
agrees that without such wri tten aut,horization, that they will
make no claim for compensation for such work or materials
furnished.
Section 2.
-----.. ------"--
Curtailment and/or Termination of Services.
Except as provided in ARTICLE V of this CONTRACT, the
COUNTY and the CONSULTANT hereby agr'ee to the full performance
of the covenants contained herein.
The COUNTY reserves the
right, at its discretion, to terminr:tte or curtail the services
11
provided in this CONTRACT for any misfeasance, malfeasance or
nonperformance of the CONTRACT by the CONSULTANT.
In the event the COUNTY shall terminate or curtail the
services or any part of the services of the CONTRACT after an
appropriate notice to proceed has been provided for requirements
under ARTICLE II, Sec, 2, the COUNTY shall notify the CONSULTANT
in writing and the CONSULTANT shall discontinue performing the
services under this CONTRACT within thirty (30) days after
receipt of such notice. Where such termination is due to
negligent performance or failure to perform the CONTRACT, the
CONSULTANT will be liable to the COUNTY for damages caused
thereby, and all sums due the CONSULTANT shall be stopped.
Upon such termination, the CONSULTANT shall deliver to the
COUNTY all text, data and other documents entirely or partially
completed, together with all unused materials supplied by the
COUNTY.
Upon termination, the CONSULTANT shall appraise the work
they have completed and submit their 8ppraisal to the COUNTY for
their evaluation and determination of payment as herein
described.
The CONSULTANT shall receive their compensation in full for
services performed to the date of such termination or
curtailment. This payment shall ~onsist of the appropriate
percentage of the total compensation that the task
satisfactorily completed bears to the total work required in
ARTICLE II, and shall be in the amount to be agreed mutually by
the CONSULTANT and the COUNTY. If there is no mutual agreement,
12
the CONSULTANT shall provide the COUNTY with records, and the
COUNTY will employ the same method as a guide in the final
determination, The COUNTY shall make this final payment within
sixty (60) days after the CONSULTANT has delivered the last of
the partially completed documents together with any records that
may be required to determine the amount due, unless either party
has served the other with a written request to arbitrate a
dispute as provided in ARTICLE VI, Sect.ion 2 of this CONTRACT.
When the work is terminated predicated upon ARTICLE V, by
mutual consent, or when the termination is due to negligent
performance, or for failure to perform the CONTRACT, there shall
be no limitation upon the COUNTY as to the subsequent use of
documents or ideas incorporated therein for the preparation of
final studies, plans and/or documents, and the COUNTY reserves
the right after thirty (30) days following a written termination
notice to the CONSULTANT, to take over the services and follow
them to completion by contract with others.
Section 3, Termination Based Upon Withdrawal of Federal
Fund s .
This CONTRACT is subject to the availability and
continuation of Federal funding through the FDER at the time
of execution. Should funding be di scontinued or reduced, the
CONTRACT will be terminated or amended, as appropriate, and the
CONTRACTOR will be compensated for work or services adequately
completed at that time in accordance wi th ARTICLE V, Section 2
of this CONTRACT.
13
~'!'JG.J:.K VI___=-ftI!I~c;~J:.~9US PRQYI~I ONS
Section 1,
Independent Contractor.
At all times and for purposes hereunder, CONSULTANT is an
independent contractor and not an employee of the COUNTY, No
statement contained in this CONTRACT shall be construed so as to
find the CONSULTANT or any of his employees, contractors,
servants, or agents to be employees of the COUNTY.
Section 2. Professional Responsibility.
CONSULTANT acknowledges that the primary reason for hi s
selection by the COUNTY to perform the duties described in this
CONTRACT is the qualification and experience of Dr. Brian
Lapointe whom CONSULTANT has represented will be responsible
therefore. CONSULTANT therefore agrees that this PROJECT shall
be performed by himself and that Rny employment of others to
assist in performing the work shall be approved by the Monroe
County Director of Environmental Resources. CONSULTANT further
warrants that he has the ability to perform the requirements of
this CONTRACT and shall do so in compUance wi th all applicable
federal, state, and
shall be responsible
may be necessary.
local
laws Rnd regulations.
CONSULTANT
for
any licensi ng or certifications that
Section 3, Non-discrimination.
The CONSULTANT agrees that it will not discriminate against
any of their employees or applicants for employment because of
14
their race, color, religion, sex, or national origin, and to
abide
by
all
Federal
and
State
laws regarding
provisions shall
non-discrimination. Any violation of such
constitute a material breach of this CONTRACT.
Section 4. Ownership of Documents.
All documents including, but not limited to, data, lab
reports, computer print outs, and report documents which are
obtained or prepared in the performance of this CONTRACT are to
be and wi 11 remain the property of the COUNTY and are to be
delivered to the Project Manager before the final payment is
made to the CONSULTANT. The CONSULTANT agrees that they will
not release data, analysis, or reports authorized under this
CONTRACT for publication or presentat,ion in any media prior to
receipt, acceptance, and release of the data, analysis, and
documents required under this CONTRACT. The CONSULTANT agrees
that only upon release by this govArnmental body would any
materials be released. The CONSULTANT may retain originals of
all materials rendered under the provisions of the CONTRACT with
no restrictions on it's separate use so long as a provision is
made that any additional use of th~ data, analysis, and/or
reports for further publication is ci ted as to source, The
COUNTY reserves the right to be an author on any subsequent
publication of the material produced under the requirements of
this CONTRACT in consideration of technical interaction with the
CONSULTANT.
15
Section 5,
Provision of Data Base and Documentation.
The CONSULTANT will provide the COUNTY with a reproducible
original of each report and a data base including all water
quali ty sampling parameters requi red under 'the provi sions of
this CONTRACT,
The CONSULTANT will also provide the COUNTY with
computer disk copies of all data and reports in a format which
may be uti lized or converted for USI? on IBM 36 or Mackintosh
computers.
Section 6,
Assignment of CONTRACT.
This CONTRACT 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 assigns of the parties hereto,
Section 7, Anti-kickback.
-- -
The CONSULTANT warrants that no person has been employed or
retained to solicit or secure this CONTRACT upon an agreement or
understanding for a commission,
percentage,
brokerage,
or
contingent fee and that no member of the COUNTY has any
financial interest in the CONSULTANT.
For breach or violation
of this warranty, the COUNTY shall have the right to annul this
CONTRACT without liability or, in its discretion, to deduct from
the CONTRACT price or consideration, the full amount of such
commission, percentage, brokerage or contingent fee.
Section 8.
Claims.
16
The CONSULTANT agrees to hold harmless and indemnify the
COUNTY against all claims of whatever nature arising out of the
performance of work under this CONTRACT whether in contract,
tort or otherwise and whether claimed by third parties or the
CONSULTANT themselves.
IN WITNESS WHEREOF, the parties hereto have executed this
CONTRACT on the date and year first written above.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
~. ~ddt
~. ~rl
By _______'
Mayor/Chairman
HARBOR BRANCH OCEANOGRAPHIC
INSTITUTE
__!~ c(a~::05
Dr.~-Lapointe
By
By
(J~~ lMLC?
-- (~-~PhYllis Cooke
, Grants Officer
(SEAL)
Attest:
Danny Kolhage, Clerk
17
SWOlt.'" STATE.\IE:'\T Ur\DER SCCTlO~ :S7.133(3)(a),
FLORIDA STATt'TI:5. Or\ PUllUC ENTIn' CRIMES
'THIS FORM MUST BE SIGr\ED IN THE PRESENCE OF A NOTARY PUDLIC OR OTHER OFFICER
AUTHORIZED TO ADMINISTER OATHS,
\.
.)
1.
This sworn statement is submitted with Bid, Proposal or Contract No.
,
2.
, ~,'", : '" -< U ".-1. ,'t~ "-H"''''oe' ,~'~,
This swom statement is submitted by VV'. f";/ \.' \. Q '-\ l..f<. ~ t' -\ ~ ,--\{ . r~ ""11- (
[name of enUty submitting om statement) . .
whose business address is 3:-\. \''\.A/ v\ (it. -\\..'c 1..1.~:'> ll'\t:L.v ~...J V..../ ~ (1.0" vc..-Ct.( --r:'~4.
\'l"'j ,p, ,-<. \U ',; \ (IJV \i:{'i and
(if appUcable) its Federal Employer Identification Number (FEIN) is
, .
(It the entity has no FEIN, include the Social Security Number of the individual signing this sworn
for S.,.eL' v,-' ('{'
,)
3.
statement:
My name is "1),;, bv' "',~~ '-"--~ 0; ~-\{
[please print name or Indivi al slgning]
entity named above is? \.,:...( ~ \ d l v..--t l\)I..'V",<,C A"L-'\J-
I understand that a .public entity criI:le" as defined in Paragraph 287,133(1)(g), Floridll Statutes.
means a violation of any state or. federal law by a person with respect to and directly related to the
uansaction 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 contrac: 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.
and my relationship to the
4.
s.
1 understand that .convicted" or "convic:io':lo as defined in Paragraph 287,133(1) (b). Florida Statutes.
means a findin~ 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 defineil in Paragraph 2E7,133(1)(a), Florida Strltutes, means:
'-
1, A predecessor or successor of a person convicted of a public entity crime: or
:. AI; entity under the control of any ~atural person who is active in the m~magement of the
entity and 'who na! been convicted of a public entity crime. The term "affiliate" includes those
officers, dircctors. executives, part!'.ers, shareh:>lders, employees, members, and agents who are ac-.ive
in the management of an aff:liate, The ownership by one person of shares constituting a controlling
interest in another person. or a pooling of equipm.ent 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
ano:her person. A person who knowingly enters into a joint venture with a person who h:J..S been
convicted of a public entity crir.1e in Flonea dunng the preceding 36 months shall be considered. an
af:iliate, .
7, J understand that a 'person" as defined in P:uagr:l.ph 2S7,133(1)(e), Florido Stnlu!t's IDe:1nS any
natural person or entity organized under the la....'S of any state or of the United States with the leg3l
power to enter into a binding contract and which bids or applies 10 bid on contracts for the provision
of goods or services let by a public entit)', or which otherWISe transacts or applies to :r:mS3ct business
WIth 3. public entity. The term 'person" includes those officers, directors, executives, p:mners,
shareholders, employees, members, and :!gents who are active in management of 3n entity.
8, Based on in(onnatlon and belicf, the statement which I h:lve marked below is true in relation to Ihe
entlry submitting this sworn statement. [Plcuse Imlicnte which sUltcmcnt. npplies,)
~ '
/ l'iellncr Lhe entity submiuing tltu. sworn statement. nor any officers. Irs. executives.
partners. shareholders. employees. memoers, or agents who are active in management of the entity.
\nor any affiliate of the entity have b~~n charged wlln and conVlcted ot a public enllly cnme
s'ubsequent to July 1, 1989,
The entity submitting this sworn statement., or one or more oC 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 lndlaue which additional statement applies.]
_ There has been a proceeding concerning the conviction before 8 hearing' officer oC
the State of Florida, Division of Administrative Hearings. The fmal order entered by the
hearing officer did not place the person or affiliate on the convicted vendor lisL [Please
attach a copy or the final order.]
_ The person or affiliate was placed on the convicted vendor llsL 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 lisL
[Please attach a copy oC the final order.]
.
STATE OF Pi O..ll d..<<..
COUNTY OF ~t lovl \.,.'CiJ:.~...
_ The person or affiliate has not been placed on the convicted vendor list. [please
describe any action taken by or pending with the Department oC General Senices.)
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{'>1'''iVl- I . t '5( ,( r Ld" -.tt-.
[signature]
Slili 1
Date:
PERSONALLY APPEARED BEFORE ME, the und.:rsigned authority,
r~.v'\./ . r, \ v\ who, after first being sworn by me, affixed his/hcr signature
{name oC individual signl -
in the space provided above on this~---~ day o&~<~, , 19 &.-::", .
~ ~ / ( "
_ ,J'<.,~.?-,~. _~2~
NOTARY PL'BLIC
My commission expires:
For::t PUR 7068 (Rev, 11/89)
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