98-22912 RESO
RESOLUTION NO.
98-22912
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE TWO PROFESSIONAL
SERVICES AGREEMENTS WITH BEVERLY YOUNG,
AND THE BOOKKEEPERS, RESPECTIVELY, FOR RESORT
AND TELECOMMUNICATION TAX AUDITS.
WHEREAS, the City has increased the number of audits of businesses
subject to the collection of Resort Tax, through the use of independent contractors
during the past four years; and
WHEREAS, the City has increased the scope of the work performed to
include Telecommunication Tax reviews; and
WHEREAS, the City has demonstrated that such an increase in the number
of audits is accomplished most efficiently by having independent contractors
perform these audits for a fee per audit performed, plus a percentage of any
assessment collected; and
WHEREAS, the Administration recommends that the Mayor and City Clerk
execute the attached two Professional Services Agreement with Beverly Young,
and The Bookkeepers, respectively, for Resort and Telecommunication Tax Audits.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Clerk are authorized to execute the attached two Professional Services Agreement
with Beverly Young, and The Bookkeepers, respectively, for the performance of
Resort and Telecommunication Tax audits for the City.
PASSED AND ADOPTED THIS 23rd DAY OF September
, 1998.
1Jtvor
Attest:
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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CITY OF MIAMI BEACH
::ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
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COMMISSION MEMORANDUM NO. ~:) :;) -C;~
TO:
FROM:
DATE: September 23, 1998
SUBJECT:
A RESOL TION APPROVING EXECUTION OF PROFESSIONAL
SERVICES AGREEMENTS FOR AUDITING RESORT/AND
TELECOMMUNICATION UTILITY TAXES
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
The City of Miami Beach has issued licenses to more than 1,902 businesses authorizing them to
collect the Resort and Telecommunication Taxes. Of these businesses, 647 are collecting and
remitting taxes to the City on a monthly basis. The balance (1,255) represents apartments required
to report on an annual basis to the City. The City currently employs four field agents and entered
into agreements with three firms in October of 1994 to audit the records of these businesses to insure
that they are reporting taxes correctly. The Internal Audit policy directive for the next fiscal year
is to audit 33 percent of the monthly and 17 percent of the annual active accounts for a total of 424
accounts. The proposed budget for fiscal year 98/99 will remain at $240,000 for these services,
During the first eleven months, contract auditors completed 179 audits resulting in assessments of
$396,450 for which the cost was $139,654. The firms performed compliance audits relating to resort
and telecommunication tax obligations of businesses located within the City of Miami Beach. The
scope of the work consists of examining the taxpayer's accounting records, such as general ledgers,
cash receipts journals, sales journals, and other records as may be maintained by the taxpayer;
comparison of reported taxable sales with other reports such as Florida sales tax reports, and the
preparation of schedules and analyses of work to determine compliance with the City Code relating
to the collection and payment. All taxpayers records which are subject to, determined to be, or
administered by the Resort Tax and Telecommunication Tax codes are examined. The selection and
assignment of audits is determined by the Internal Audit Department for the City of Miami Beach
based on internally developed risk factors,
AGENDA ITEM
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DATE
ANALYSIS
Last year, the City decreased the fee from $750 per audit with a 25% contingent fees to $600 per
audit with a 15% contingent fee. This represented a 20% decrease in fees per audit. The firms
agreed to try the new fee structure for the current year with the anticipation that the fee structure will
be reviewed next year. One firm discontinued audits citing difficulties in performing audits at the
reduced fee structure. The other two contractors covered the shortfall by taking on additional audits.
The attached schedule shows a comparison of audits performed and fees paid for the current fiscal
year.
To maintain the same quality of the current audits, we propose that the agreements provide an
increase in the flat fee per audit from $600 to $650 for audits of monthly and quarterly filers. The
fee for auditing annual filers will remain at $600 per audit. The contingent fee of 15% of collected
assessments will also remain the same. Comparing the number of monthly audits performed to
annual audits, the overall increase in fees per audit will be approximately 6%.
The City's Internal Auditor has met with representatives from the State of Florida Department of
Revenue and Miami Dade Tax Collector offices to coordinate the sharing of audit results between
each agency. To share this type of information, the City would have to be participating in the RISE
(Level 2) program. Current State Statutes restrict us from participating since this program is limited
to self-administering counties. The State suggested that we lobby to change the Florida Statutes
governing this program. We have met with our state lobbyists and they have included this item in
their agenda. The City of Miami Beach is currently pursuing this project to seek additional reduction
in audit costs.
The City's Audit Committee met on September 16, 1998 and recommended the continuation of these
professional service agreements. Contracting professional services with the private sector to
supplement the employees' effort has increased the coverage on Resort and Telecommunication Tax.
This arrangement should be continued.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the resolution to
execute the professional service agreements for continued coverage of audits for Resort and
Telecommunication taxes.
,
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CITY OF MIAMI BEACH -INTERNAL AUDIT DEPARTMENT
Resort and TelecDmmunication Audits Comparison
For Fiscal Year 97/98
as of 9/10/98
No of Assessments Assessments Base Fee Assessments Total
Audits On Audits Collected (1) Paid Comm Paid Paid
Contract Auditors:
Beverly Young 50 $124,597,54 $114,585.65 $29,800.00 $17,935.02 $47,735,02
Bookkeepers 117 246,053.09 31,662.54 66,300,00 8,976,10 75,276.10
E,T. Hand (2) 12 25,799.68 49,288.63 10,500.00 6,142.83 16,642.83
Subtotal 179 $396,450.31 $195,536.82 $106,600.00 $33,053.95 $139,653,95
City Auditors 165 $359,128.00 $118,398.16
Total 344 $755,578.31 $313,934.98
Notes: (1) Includes collections received in current year which relate to audit assessments
made in prior fiscal years, (Contract auditors - $100,857; City Auditors - $35,100)
(2) E.T. Hand terminated her services during the year, The Bookkeepers increased
their production to cover the shortfall in audits.
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND BEVERLY YOUNG
FOR PROFESSIONAL SERVICES IN THE REVIEW OF
ENTITIES REQUIRED TO COLLECT AND REMIT RESORT AND
TELECOMMUNICATIONS TAXES
oft
THIS AGREEMENT made this ~ day of O( 7 0 ~ .2/t.. , 1998 by and between the CITY
OF MIAMI BEACH, FLORIDA (City), which term shall include its officials, successors, legal
representatives, and assigns, and Beverly Young (Consultant).
SECTION 1
DEFINITIONS
Agreement:
This written Agreement between the City and the Consultant.
City Manager:
"City Manager" means the Chief Administrative officer of the City.
Consultant:
For the purposes of this Agreement, Consultant shall be deemed to be
an independent contractor, and not an agent or employee of the City.
Fee:
Amount paid to the Consultant to allow for its costs and margin of profit.
Project
Coord i nator:
An individual designated by the City to coordinate, direct and review on
behalf of the City all technical matters involved in the Scope of Work
and Services.
Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139.
Services: All services, work and actions by the Consultant performed pursuant to
or undertaken under this Agreement described in Section 2.
Termination: Termination of Consultant Services as provided in Section 4.9 of this
Agreement.
Task: A discrete portion of the Scope of Services to be accomplished by the
Consultant, as described in Section 2 below, if directed and authorized.
SECTION 2
SCOPE OF WORK AND SERVICES REQUIRED
2.1 SERVICES
Consultants shall perform compliance audits relating to resort and telecommunication tax
obligations of businesses located within the City. The work shall consist of examining the
taxpayer accounting records, such as general ledgers, cash receipts journals, and other records
as may be maintained by the taxpayer; comparison of reported taxable sales with other reports
such as Florida sales tax reports, and the preparation of schedules and analyses of work to
determine compliance with the City Code relating to the collection and payment of Resort and
Telecommunication Taxes. The selection and assignment of audits shall be controlled by the
Internal Audit Department of the City of Miami Beach.
SECTION 3
COMPENSATION
3.1 FEE
Consultant shall be compensated for providing the Services as set forth in Section 2.1
as follows: $650 per review completed on monthly and quarterly filers, $600 per review
completed on annual filers will be paid to Consultant. In addition to the fee, Consultant will
receive fifteen percent (15%) of any collection of an assessment arising as a result of its review
of an entity required to collect and remit said taxes.
4.1
SECTION 4
GENERAL PROVISIONS
RESPONSIBILITY OF THE CONSULTANT
With respect to the performance of the Services, the Consultant shall exercise that
degree of skill, care, efficiency and diligence normally exercised by recognized professionals
with respect to the performance of comparable Services. In its performance of the Services,
the Consultant shall comply with all applicable laws and ordinances, including but not limited
to applicable regulations of the City, County, State, Federal Government, ADA, EEO
Regulations and Guidelines.
4.2 PUBLIC ENTITY CRIMES
State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida
Statute on Public Entity Crimes as available with the office of the City Clerk, shall be filed by
Consultant.
4.3 PROIECT MANAGEMENT
When applicable the Consultant shall appoint a qualified individual acceptable to the
City to serve as Project Manager for the Services who shall be fully responsible for the day-to-
day activities under this Agreement and who shall serve as the primary contact for the City's
Project Coordinator.
4.4 DURATION AND EXTENT OF AGREEMENT
The term of this Agreement shall be for a period of one year from the date of its
adoption by Resolution of the Mayor and City Commission and execution by all parties hereto.
The City may, at its sole option and discretion, renew the Agreement on a yearly basis, subject
to the same terms and conditions set forth herein.
4.5 TIME OF COMPLETION
The Services to be rendered by the Consultant shall be commenced upon receipt of a
written Notice to Proceed from the City subsequent to the execution of this Agreement.
4.6
NOTICE TO PROCEED
Unless otherwise directed by the City, the Consultant shall proceed with the work only
upon issuance of a Notice to Proceed by the City.
4.7 OWNERSHIP OF DOCUMENTS AND EQUIPMENT
All documents prepared by the Consultant pursuant to this Agreement are related
exclusively to the Services described herein, and are intended or represented for ownership
by the City. Any reuse shall be approved by the City.
4.8 INDEMNIFICATION
Subject to the limitation set forth in the proceeding section, Consultant agrees to
indemnify and hold harmless, the City of Miami Beach and its officers, employees and agents,
from and against any and all actions, claims, liabilities, losses, and expenses, including, but
not limited to, attorneys' fees, for personal, economic or bodily injury, wrongful death, loss
of or damage to property, in law or in equity, which may arise or be alleged to have arisen
from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its
employees, agents, sub-consultants, or any other person or entity acting under Consultant's
control, in connection with the Consultant's performance of the Services pursuant to this
Agreement; and to that extent, the Consultant shall pay all such claims and losses and shall
pay all such costs and judgements which may issue from any lawsuit arising from such claims
and losses, and shall pay all costs and attorneys fees expended by the City in the defense of
such claims and losses, including appeals. The parties agree that one percent (1 %) of the total
Compensation to the Consultant for performance of this Agreement is the specific
consideration from the City to the Consultant for the Consultant's Indemnity Agreement.
The Consultant's obligation under this article shall not include the obligation to
indemnify the City of Miami Beach and its officers, employees and agents, from and against
any actions or claims which arise or are alleged to have arisen from negligent acts or
omissions or other wrongful conduct of the City and its officers, employees and agents. The
parties each agree to give the other party prompt notice of any claim coming to its knowledge
that in any way directly or indirectly affects the other party.
4.9 INSURANCE REQUIREMENTS
The Consultant shall not commence any work pursuant to this Agreement until all
Insurance required under this Section has been obtained and such insurance has been
approved by the City's Risk Manager. The Consultant shall maintain and carry in full force
during the term of this Agreement and throughout the duration of this project the following
insurance:
1. Consultant General Liability in the amount of $500,000.00. A certified copy of the
Consultant's (and any sub-consultants') Insurance Policy must be filed and approved
by the Risk Manager prior to commencement.
2. Workers Compensation & Employers Liability as required pursuant to Florida statute.
3. Thirty (30) days written notice of cancellation or substantial modification in the
insurance coverage must be given to the City's Risk Manager by the Consultant and his
Insurance company.
4. The insurance must be furnished by insurance companies authorized to do business
in the State of Florida and approved by the City's Risk Manager.
5. Original certificates of insurance for the above coverage must be submitted to the
City's Risk Manager for approval prior to any work commencing. These certificates will
be kept on file in the office of the Risk Manager, 3rd Floor, City Hall.
6. The Consultant is responsible for obtaining and submitting all insurance certificates for
thei r consu Itants.
All insurance policies must be issued by companies authorized to do business under
the laws of the State of Florida. The companies must be rated no less than "B +" as to
management and not less than "Class VI" as to strength by the latest edition of Best's Insurance
Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to
the approval of the City's Risk Manager. Compliance with the foregoing requirements shall
not relieve the Consultant of the liabilities and obligations under this Section or under any
other portion of this Agreement, and the City shall have the right to obtain from the Consultant
specimen copies of the insurance policies in the event that submitted certificates of insurance
are inadequate to ascertain compliance with required overage.
4.9.1 Endorsements
All of Consultant's certificates, above, shall contain endorsements providing that
written notice shall be given to the City at least thirty (30) days prior to termination,
cancellation or reduction in coverage in the policy.
4.9.2 Certificates
Unless directed by the City otherwise, the Consultant shall not commence any services
pursuant to this Agreement until the City has received and approved, in writing, certificates
of insurance showing that the requirements of this Section (in its entirety) have been met and
provided for.
4.10 TERMINATION, SUSPENSION AND SANCTIONS
4.10.1 Termination for Cause
If through any cause within the reasonable control of the Consultant, the Consultant
shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements,
or stipulations material to this Agreement, the City shall thereupon have the right to terminate
the Services then remaining to be performed. Prior to exercising its option to terminate for
cause, the City shall notify the Consultant of its violation of the particular terms of this
Agreement and shall grant Consultant five (5) days to cure such default. If such default
remains uncured after five (5) days, the City, upon three (3) days' notice to Consultant, may
terminate this Agreement.
In that event, all finished and unfinished documents, data, studies, surveys, drawings,
maps, models, photographs, reports and other work products prepared by the Consultant and
its subcontractors shall be properly delivered to the City and the City shall compensate the
Consultant in accordance with Section 3 for all Services performed by the Consultant prior to
Termination.
Notwithstanding the above, the Consultant shall not be relieved of liability to the City
for damages sustained by the City by virtue of any breach of the Agreement by the Consultant
and the City may reasonably withhold payments to the Consultant for the purposes of set off
until such time as the exact amount of damages due the City from the Consultant is
determined.
4.10.2 Termination for Convenience of City
The City may, for its convenience and without cause, terminate the Agreement at any
time by giving written notice to Consultant of such termination, which shall become effective
three (3) days following receipt by Consultant of the written termination notice. In that event,
all finished or unfinished documents and other materials as described in Section 2 shall be
properly delivered to the City. If the Agreement is terminated by the City as provided in this
Section, the City shall compensate the Consultant for all Services actually performed by the
Consultant and reasonable direct costs of Consultant for assembling and delivering to City all
documents. Such payments shall be the total extent of the City's liability to the Consultant
upon a Termination as provided for in this Section.
4.10.3 Termination for Insolvency
The City also reserves the right to terminate the Agreement in the event the Consultant
is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit
of creditors. In such event, the right and obligations for the parties shall be the same as
provided for in Section 4.10.2.
4.10.4 Sanctions for Noncompliance with Nondiscrimination Provisions
In the event of the Consultant's noncompliance with the nondiscrimination provisions
of this Agreement, the City shall impose such Sanctions as the City or the State of Florida may
determine to be appropriate, including but not limited to withholding of payments to the
Consultant under the Agreement until the Consultant complies and/or cancellation,
termination or suspension of the Services, in whole or in part. In the event the City cancels or
terminates the Services pursuant to this Section the rights and obligations of the parties shall
be the same as provided in Section 4.10.2.
4.10.5 Changes and Additions
Each such change shall be directed by a written Notice signed by the duly authorized
representatives of the Consultant. Said Notices shall provide an equitable adjustment in the
time of performance, a reallocation of the task budget and, if applicable, any provision of this
Agreement which is affected by said Notice. The City shall not reimburse the Consultant for
the cost of preparing Agreement change documents, written Notices to Proceed, or other
documentation in this regard.
4.11 ASSIGNMENT, TRANSFER OR SUBCONTRACTING
The Consultant shall not subcontract, assign, or transfer any work under this Agreement
without the prior written consent of the City.
4.12 EQUAL EMPLOYMENT OPPORTUNITY/ADA NON-DISCRIMINATION
POLICY
In connection with the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicant for employment because of race, color,
religion, ancestry, sex, age, national origin, place of birth, marital status, or physical handicap.
The Consultant shall take affirmative action to ensure that applicants are employed and that
employees are treated during their employment without regard to their race, color, religion,
ancestry, sex, age, national origin, place of birth, marital status, disability, or sexual
orientation. Such action shall include, but not be limited to the following: employment,
upgrading, demotion, or termination; recruitment or recruitment advertising; layoff or
termination; rates of pay, or other forms of compensation; and selection for training, including
apprenticeship.
Consultant agrees to adhere to and be governed by all applicable requirements of the
laws listed below including, but not limited to, those provisions pertaining to employment,
provision of programs and services, transportation, communications, access to facilities,
renovations, and new construction.
The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-
336, 104 Stat 327, 42 V.S.c. 12101-12213 and 547 V.S.C. Sections
225 and 611 including Title I, Employment; Title II, Public Services;
Title III, Public Accommodations and Services Operated by Private
Entities; Title IV, Telecommunications; and Title V, Miscellaneous
Provisions.
The Rehabilitation Act of 1973: 29 U.S.C. Section 794.
The Federal Transit Act, as amended: 49 V.S.C. Section 1612.
The Fair Housing Act as amended: 42 U.S.C. Section 3601-3631.
Consultant must complete and submit the City's Disability Non-Discrimination Affidavit
(Affidavit). In the event Consultant fails to execute the City's Affidavit, or is found to be in non-
compliance with the provisions of the Affidavit" the City may impose such sanctions as it may
determine to be appropriate, including but not limited to, withholding of payments to
Consultant under the Agreement until compliance and/or cancellation, termination or
suspension of the Agreement in whole or in part. In the event, the City cancels or terminates
the Agreement pursuant to this Section, Consultant shall not be relieved of liability to the City
for damages sustained by the City by virtue of Consultant's breach of the Agreement.
4.13 CONFLICT OF INTEREST
The Consultant agrees to adhere to and be governed by the Metropolitan Dade County
Conflict of Interest Ordinance (No. 72-82), as amended; and by the City of Miami Beach
Charter and Code, which are incorporated by reference herein as if fully set forth herein, in
connection with the contract conditions hereunder.
The Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirectly which should conflict in any manner or degree with the
performance of the Services. The Consultant further covenants that in the performance of this
Agreement, no person having any such interest shall knowingly be employed by the
Consultant. No member of or delegate to the Congress of the United States shall be admitted
to any share or part of this Agreement or to any benefits arising therefrom.
4.14 PATENT RIGHTS: COPYRIGHTS: CONFIDENTIAL FINDINGS
Any patentable result arising out of this Agreement, as well as all information, design
specifications, processes, data and findings, shall be made available to the City for public use.
No reports, other documents, articles or devices produced in whole or in part under
this Agreement shall be the subject of any application for copyright or patent by or on behalf
of the Consultant or its employees or subcontractors.
4.15 NOTICES
All communications relating to the day-to-day activities shall be exchanged between
the Project Manager appointed by Consultant and the Project Coordinator designated by the
City. The Consultant's Project Manager and the City's Project Coordinator shall be designated
promptly upon commencement of the Services.
All other notices and communications in writing required or permitted hereunder may
be delivered personally to the representatives of the Consultant and the City listed below or
may be mailed by registered mail, postage prepaid (or airmailed if addressed to an address
outside of the city of dispatch),
Until changed by notice in writing, all such notices and communications shall be
addressed as follows:
TO CONSULTANT:
BEVERLY YOUNG
Accounting and Financial Services
Attn: Beverly Young
15532 SW 148 TERRACE
Miami, Florida 33196
(305)232-3111
TO CITY:
Office of The City Manager
Attn: Sergio Rodriguez, City Manager
1700 Convention Center Drive
Miami Beach, FL 33139
(305) 673-7010
WITH COPIES TO:
Office of the City Attorney
Attn: Murray H. Dubbin, City Attorney
City of Miami Beach
1 700 Convention Center Drive
Miami Beach, FL 33139
(305) 673-7470
Notices hereunder shall be effective:
If delivered personally, on delivery; if mailed to an address in the city of
dispatch, on the day following the date mailed; and if mailed to an address
outside the city of dispatch on the seventh day following the date mailed.
4.16 LITIGATION IURISDICTION
Any litigation between the parties, arising of, or in connection with this Agreement,
shall be initiated in the court system of the State of Florida.
4.17 ENTIRETY OF AGREEMENT
This writing embodies the entire Agreement and understanding between the parties
hereto, and there are no other agreements and understandings, oral or written, with reference
to the subject matter hereof that are not merged herein and superseded hereby.
No alteration, change, or modification of the terms of this Agreement shall be valid
unless amended in writing, signed by both parties hereto, and approved by the City
Commission of the City of Miami Beach.
This Agreement, shall be governed by and construed according to the laws of the State
of Florida.
4.18 LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a
limit on the City's liability for any cause of action for money damages due to an alleged
breach by the City of this Agreement, so that its liability for any such breach never exceeds
the sum of $5,000.00. Consultant hereby expresses its willingness to enter into this
Agreement with Consultant's recovery from the City for any damage action for breach of
contract to be limited to a maximum amount of $5,000.00.
Accordingly, and notwithstanding any other term or condition of this Agreement,
Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an
amount in excess of $5,000.00, for any action or claim for breach of contract arising out of the
performance or non-performance of any obligations imposed upon the City by this Agreement.
Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended
to be a waiver of the limitation placed upon City's liability as set forth in Section 768.28,
Florida Statutes.
4.19 Venue
This Agreement shall be enforceable in Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any terms and conditions herein,
exclusive venue for the enforcement of same shall lie in Dade County, Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first entered above.
FOR CITY:
CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By:_~crf~
City Clerk
By:
fI1
Mayor
FOR CONSULTANT:
BEVERLY YOUNG
ATTEST:
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APPROVED AS TO
FORM & LANGUAGE
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6
SWOR:\' STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIG:\'ED A:\'D SWORN TO IN THE PRESE:\'CE OF A NOTARY PUBLIC OR OTHER OFFICIAL
AUTHORIZED TO ADMINISTER OATHS.
I.
This sworn statement is submitted to C I T
by -g~V "2 rL \- 'I ...../ () \..1 ,J C/-
(print individual's name and title)
for B C...:J S R h. -; "' / ()....1 I\..J er-
(print name of entity submitting sworn statement)
/- . i>-) P
whose business address is )~,;:. :s~ .......\. I '-r Ci
--3 ?Jq(.
111' !?,2 M + 0 F f. QF )I\) fZ/(,k /hI]) //
7Z 11/2
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and (if applicable) its Fed~ral Employer Identification Number (FEIN) is
([f the entity has no FEIN" include the Social Security Number of the individual signing this sworn
statement( 1J..2. - 't1, - q J.. 7'1)
2.
I understand that a "public entity crime" as defined in Paragraph 287.133([)(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 of 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.
3.
[ understand that "convicted" or "conviction" as defined in Paragraph 287. [33(1)(b), Florida Statutes. means a finding of guilt or a
conviction of a publ ic 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 I, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo
contendere.
4.
I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes. means:
I. 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 has been convicted of a public
entity crime. The term "affiliate" includes those officer, 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 venture with a person who has
been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate.
5.
[understand that a "person" as defined in Paragraph 287.133(I)(e), Florida Statutes. 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 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 ofan entity.
Based on information and belief, the statement which [ have marked is true in relation to the entity submitting this sworn statement.
7'ndic te which statement applies.)
Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders,
employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity have been
charged with and convicted ofa public entity crime subsequent to July I, [989.
i~
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 the management of the entity, or an affiliate of the entity has been charged
with and convicted ofa public entity crime subsequent to July I, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders,
employees members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged
with and convicted of a public entity crime subsequent to July I, 1989. However, there has been a subsequent proceeding
before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the
Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the
convicted vendor list. (attach a copy of the final order)
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PERSO:\,\LL Y ..\PP[,.\RED BEFORE .\IE. the undersigned authority.
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atier tirst being sworn by me. affixed his/her signature in the space provided above on this
My Commission Expires:
- -........,
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C:Md\~i-~~/
/ NOTARY PUBLIC ()
OFFICIAL NOT Al('f Sf.AL
ISr\REL 13,\R'~J.!JEiTG
NOTARY PUBLIC STATE OF FLORIDA
. COMMISSION NO, CC555106
MY COMMISSION EXP. I Y J.?J2000
FORM PUR 7068 (Rev. 06/05/91
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND THE BOOKKEEPERS
FOR PROFESSIONAL SERVICES IN THE REVIEW OF
ENTITIES REQUIRED TO COLLECT AND REMIT RESORT AND
TELECOMMUNICATIONS TAXES
THIS AGREEMENT made this 30 1?f'day of )EJO'~/J tYL , 1998 by and between the CITY
OF MIAMI BEACH, FLORIDA (City), which term shall include its officials, successors, legal
representatives, and assigns, and the Bookkeepers (Consultant).
SECTION 1
DEFINITIONS
Agreement:
This written Agreement between the City and the Consultant.
City Manager:
"City Manager" means the Chief Administrative officer of the City.
Consultant:
For the purposes of this Agreement, Consultant shall be deemed to be
an independent contractor, and not an agent or employee of the City.
Fee:
Amount paid to the Consultant to allow for its costs and margin of profit.
Project
Coordinator:
An individual designated by the City to coordinate, direct and review on
behalf of the City all technical matters involved in the Scope of Work
and Services.
Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139.
Services: All services, work and actions by the Consultant performed pursuant to
or undertaken under this Agreement described in Section 2.
Termination: Termination of Consultant Services as provided in Section 4.9 of this
Agreement.
Task: A discrete portion of the Scope of Services to be accomplished by the
Consultant, as described in Section 2 below, if directed and authorized.
SECTION 2
SCOPE OF WORK AND SERVICES REQUIRED
2.1 SERVICES
Consultants shall perform compliance audits relating to resort and telecommunication tax
obligations of businesses located within the City. The work shall consist of examining the
taxpayer accounting records, such as general ledgers, cash receipts journals, and other records
as may be maintained by the taxpayer; comparison of reported taxable sales with other reports
such as Florida sales tax reports, and the preparation of schedules and analyses of work to
determine compliance with the City Code relating to the collection and payment of Resort and
Telecommunication Taxes. The selection and assignment of audits shall be controlled by the
Internal Audit Department of the City of Miami Beach.
SECTION 3
COMPENSATION
3.1 FEE
Consultant shall be compensated for providing the Services as set forth in Section 2.1
as follows: $650 per review completed on monthly and quarterly filers, $600 per review
completed on annual filers will be paid to Consultant. In addition to the fee, Consultant will
receive fifteen percent (15%) of any collection of an assessment arising as a result of its review
of an entity required to collect and remit said taxes.
4.1
SECTION 4
GENERAL PROVISIONS
RESPONSIBILITY OF THE CONSULTANT
With respect to the performance of the Services, the Consultant shall exercise that
degree of skill, care, efficiency and diligence normally exercised by recognized professionals
with respect to the performance of comparable Services. In its performance of the Services,
the Consultant shall comply with all applicable laws and ordinances, including but not limited
to applicable regulations of the City, County, State, Federal Government, ADA, EEO
Regulations and Guidelines.
4.2 PUBLIC ENTITY CRIMES
State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida
Statute on Public Entity Crimes as available with the office of the City Clerk, shall be filed by
Consultant.
4.3 PROIECT MANAGEMENT
When applicable the Consultant shall appoint a qualified individual acceptable to the
City to serve as Project Manager for the Services who shall be fully responsible for the day-to-
day activities under this Agreement and who shall serve as the primary contact for the City's
Project Coord i nator.
4.4
DURATION AND EXTENT OF AGREEMENT
The term of this Agreement shall be for a period of one year from the date of its
adoption by Resolution of the Mayor and City Commission and execution by all parties hereto.
The City may, at its sole option and discretion, renew the Agreement on a yearly basis, subject
to the same terms and conditions set forth herein.
4.5
TIME OF COMPLETION
The Services to be rendered by the Consultant shall be commenced upon receipt of a
written Notice to Proceed from the City subsequent to the execution of this Agreement.
4.6
NOTICE TO PROCEED
Unless otherwise directed by the City, the Consultant shall proceed with the work only
upon issuance of a Notice to Proceed by the City.
4.7 OWNERSHIP OF DOCUMENTS AND EQUIPMENT
All documents prepared by the Consultant pursuant to this Agreement are related
exclusively to the Services described herein, and are intended or represented for ownership
by the City. Any reuse shall be approved by the City.
4.8 INDEMNIFICATION
Subject to the limitation set forth in the proceeding section, Consultant agrees to
indemnify and hold harmless, the City of Miami Beach and its officers, employees and agents,
from and against any and all actions, claims, liabilities, losses, and expenses, including, but
not limited to, attorneys' fees, for personal, economic or bodily injury, wrongful death, loss
of or damage to property, in law or in equity, which may arise or be alleged to have arisen
from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its
employees, agents, sub-consultants, or any other person or entity acting under Consultant's
control, in connection with the Consultant's performance of the Services pursuant to this
Agreement; and to that extent, the Consultant shall pay all such claims and losses and shall
pay all such costs and judgements which may issue from any lawsuit arising from such claims
and losses, and shall pay all costs and attorneys fees expended by the City in the defense of
such claims and losses, including appeals. The parties agree that one percent (1 %) of the total
Compensation to the Consultant for performance of this Agreement is the specific
consideration from the City to the Consultant for the Consultant's Indemnity Agreement.
The Consultant's obligation under this article shall not include the obligation to
indemnify the City of Miami Beach and its officers, employees and agents, from and against
any actions or claims which arise or are alleged to have arisen from negligent acts or
omissions or other wrongful conduct of the City and its officers, employees and agents. The
parties each agree to give the other party prompt notice of any claim coming to its knowledge
that in any way directly or indirectly affects the other party.
4.9 INSURANCE REQUIREMENTS
The Consultant shall not commence any work pursuant to this Agreement until all
insurance required under this Section has been obtained and such insurance has been
approved by the City's Risk Manager. The Consultant shall maintain and carry in full force
during the term of this Agreement and throughout the duration of this project the following
Insurance:
1. Consultant General Liability in the amount of $500,000.00. A certified copy of the
Consultant's (and any sub-consultants') Insurance Policy must be filed and approved
by the Risk Manager prior to commencement.
2. Workers Compensation & Employers Liability as required pursuant to Florida statute.
3. Thirty (30) days written notice of cancellation or substantial modification in the
insurance coverage must be given to the City's Risk Manager by the Consultant and his
insurance company.
4. The insurance must be furnished by insurance companies authorized to do business
in the State of Florida and approved by the City's Risk Manager.
5. Original certificates of insurance for the above coverage must be submitted to the
City's Risk Manager for approval prior to any work commencing. These certificates will
be kept on file in the office of the Risk Manager, 3rd Floor, City Hall.
6. The Consultant is responsible for obtaining and submitting all insurance certificates for
thei r consu Itants.
All insurance policies must be issued by companies authorized to do business under
the laws of the State of Florida. The companies must be rated no less than "B +" as to
management and not less than "Class VI" as to strength by the latest edition of Best's Insurance
Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to
the approval of the City's Risk Manager. Compliance with the foregoing requirements shall
not relieve the Consultant of the liabilities and obligations under this Section or under any
other portion of this Agreement, and the City shall have the right to obtain from the Consultant
specimen copies of the insurance policies in the event that submitted certificates of insurance
are inadequate to ascertain compliance with required overage.
4.9.1 Endorsements
All of Consultant's certificates, above, shall contain endorsements providing that
written notice shall be given to the City at least thirty (30) days prior to termination,
cancellation or reduction in coverage in the policy.
4.9.2 Certificates
Unless directed by the City otherwise, the Consultant shall not commence any services
pursuant to this Agreement until the City has received and approved, in writing, certificates
of insurance showing that the requirements of this Section (in its entirety) have been met and
provided for.
4.10 TERMINATION, SUSPENSION AND SANCTIONS
4.10.1 Termination for Cause
If through any cause within the reasonable control of the Consultant, the Consultant
shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements,
or stipulations material to this Agreement, the City shall thereupon have the right to terminate
the Services then remaining to be performed. Prior to exercising its option to terminate for
cause, the City shall notify the Consultant of its violation of the particular terms of this
Agreement and shall grant Consultant five (5) days to cure such default. If such default
remains uncured after five (5) days, the City, upon three (3) days' notice to Consultant, may
terminate this Agreement.
In that event, all finished and unfinished documents, data, studies, surveys, drawings,
maps, models, photographs, reports and other work products prepared by the Consultant and
its subcontractors shall be properly del ivered to the City and the City shall compensate the
Consultant in accordance with Section 3 for all Services performed by the Consultant prior to
Termination.
Notwithstanding the above, the Consultant shall not be relieved of liability to the City
for damages sustained by the City by virtue of any breach of the Agreement by the Consultant
and the City may reasonably withhold payments to the Consultant for the purposes of set off
until such time as the exact amount of damages due the City from the Consultant is
determined.
4.10.2 Termination for Convenience of City
The City may, for its convenience and without cause, terminate the Agreement at any
time by giving written notice to Consultant of such termination, which shall become effective
three (3) days following receipt by Consultant of the written termination notice. In that event,
all finished or unfinished documents and other materials as described in Section 2 shall be
properly delivered to the City. If the Agreement is terminated by the City as provided in this
Section, the City shall compensate the Consultant for all Services actually performed by the
Consultant and reasonable direct costs of Consultant for assembling and delivering to City all
documents. Such payments shall be the total extent of the City's liability to the Consultant
upon a Termination as provided for in this Section.
4.10.3 Termination for Insolvency
The City also reserves the right to terminate the Agreement in the event the Consultant
is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit
of creditors. In such event, the right and obligations for the parties shall be the same as
provided for in Section 4.10.2.
4.10.4 Sanctions for Noncompliance with Nondiscrimination Provisions
In the event of the Consultant's noncompliance with the nondiscrimination provisions
of this Agreement, the City shall impose such Sanctions as the City or the State of Florida may
determine to be appropriate, including but not limited to withholding of payments to the
Consultant under the Agreement until the Consultant complies and/or cancellation,
termination or suspension of the Services, in whole or in part. In the event the City cancels or
terminates the Services pursuant to this Section the rights and obligations of the parties shall
be the same as provided in Section 4.10.2.
4.10.5 Changes and Additions
Each such change shall be directed by a written Notice signed by the duly authorized
representatives of the Consultant. Said Notices shall provide an equitable adjustment in the
time of performance, a reallocation of the task budget and, if applicable, any provision of this
Agreement which is affected by said Notice. The City shall not reimburse the Consultant for
the cost of prepari ng Agreement change documents, written Notices to Proceed, or other
documentation in this regard.
4.11 ASSIGNMENT, TRANSFER OR SUBCONTRACTING
The Consultant shall not subcontract, assign, or transfer any work under this Agreement
without the prior written consent of the City.
4.12 EQUAL EMPLOYMENT OPPORTUNITY/ADA NON-DISCRIMINATION
POLICY
In connection with the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicant for employment because of race, color,
religion, ancestry, sex, age, national origin, place of birth, marital status, or physical handicap.
The Consultant shall take affirmative action to ensure that applicants are employed and that
employees are treated during their employment without regard to their race, color, religion,
ancestry, sex, age, national origin, place of birth, marital status, disability, or sexual
orientation. Such action shall include, but not be limited to the following: employment,
upgrading, demotion, or termination; recruitment or recruitment advertising; layoff or
termination; rates of pay, or other forms of compensation; and selection for training, including
apprenticeship.
Consultant agrees to adhere to and be governed by all applicable requirements of the
laws listed below including, but not limited to, those provisions pertaining to employment,
provision of programs and services, transportation, communications, access to facilities,
renovations, and new construction.
The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-
336,104 Stat 327,42 U.S.c. 12101-12213 and 547 U.S.C. Sections
225 and 611 including Title I, Employment; Title II, Public Services;
Title III, Public Accommodations and Services Operated by Private
Entities; Title IV, Telecommunications; and Title V, Miscellaneous
Provisions.
The Rehabilitation Act of 1973: 29 U.S.C. Section 794.
The Federal Transit Act, as amended: 49 U.S.C. Section 1612.
The Fair Housing Act as amended: 42 U.S.C. Section 3601-3631.
Consultant must complete and submit the City's Disability Non-Discrimination Affidavit
(Affidavit). In the event Consultant fails to execute the City's Affidavit, or is found to be in non-
compliance with the provisions of the Affidavit" the City may impose such sanctions as it may
determine to be appropriate, including but not limited to, withholding of payments to
Consultant under the Agreement until compliance and/or cancellation, termination or
suspension of the Agreement in whole or in part. In the event, the City cancels or terminates
the Agreement pursuant to this Section, Consultant shall not be relieved of liability to the City
for damages sustained by the City by virtue of Consultant's breach of the Agreement.
4.13 CONFLICT OF INTEREST
The Consultant agrees to adhere to and be governed by the Metropolitan Dade County
Conflict of Interest Ordinance (No. 72-82), as amended; and by the City of Miami Beach
Charter and Code, which are incorporated by reference herein as if fully set forth herein, in
connection with the contract conditions hereunder.
The Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirectly which should conflict in any manner or degree with the
performance of the Services. The Consultant further covenants that in the performance of this
Agreement, no person having any such interest shall knowingly be employed by the
Consultant. No member of or delegate to the Congress of the United States shall be admitted
to any share or part of this Agreement or to any benefits arising therefrom.
4.14 PATENT RIGHTS: COPYRIGHTS: CONFIDENTIAL FINDINGS
Any patentable result arising out of this Agreement, as well as all information, design
specifications, processes, data and findings, shall be made available to the City for public use.
No reports, other documents, articles or devices produced in whole or in part under
this Agreement shall be the subject of any application for copyright or patent by or on behalf
of the Consultant or its employees or subcontractors.
4.15 NOTICES
All communications relating to the day-to-day activities shall be exchanged between
the Project Manager appointed by Consultant and the Project Coordinator designated by the
City. The Consultant's Project Manager and the City's Project Coordinator shall be designated
promptly upon commencement of the Services.
All other notices and communications in writing required or permitted hereunder may
be delivered personally to the representatives of the Consultant and the City listed below or
may be mailed by registered mail, postage prepaid (or airmailed if addressed to an address
outside of the city of dispatch).
Until changed by notice in writing, all such notices and communications shall be
addressed as follows:
TO CONSULTANT:
THE BOOKKEEPERS
Accounting and Financial Services
Attn: Bill Forshee
220 Miracle Mile #224
Coral Gables, Florida 33134
(305)445-3234
TO CITY:
Office of The City Manager
Attn: Sergio Rodriguez, City Manager
1 700 Convention Center Drive
Miami Beach, FL 33139
(305) 673-7010
WITH COPIES TO:
Office of the City Attorney
Attn: Murray H. Dubbin, City Attorney
City of Miami Beach
1 700 Convention Center Drive
Miami Beach, FL 33139
(305) 673-7470
Notices hereunder shall be effective:
If delivered personally, on delivery; if mailed to an address in the city of
dispatch, on the day following the date mailed; and if mailed to an address
outside the city of dispatch on the seventh day following the date mailed.
4.16 LITIGATION IURISDICTION
Any litigation between the parties, arising of, or in connection with this Agreement,
shall be initiated in the court system of the State of Florida.
4.17 ENTIRETY OF AGREEMENT
This writing embodies the entire Agreement and understanding between the parties
hereto, and there are no other agreements and understandings, oral or written, with reference
to the subject matter hereof that are not merged herein and superseded hereby.
No alteration, change, or modification of the terms of this Agreement shall be valid
unless amended in writing, signed by both parties hereto, and approved by the City
Commission of the City of Miami Beach.
This Agreement, shall be governed by and construed according to the laws of the State
of Florida.
4.18 LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a
limit on the City's liability for any cause of action for money damages due to an alleged
breach by the City of this Agreement, so that its liability for any such breach never exceeds
the sum of $5,000.00. Consultant hereby expresses its willingness to enter into this
Agreement with Consultant's recovery from the City for any damage action for breach of
contract to be limited to a maximum amount of $5,000.00.
Accordingly, and notwithstanding any other term or condition of this Agreement,
Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an
amount in excess of $5,000.00, for any action or claim for breach of contract arising out of the
performance or non-performance of any obligations imposed upon the City by this Agreement.
Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended
to be a waiver of the limitation placed upon City's liability as set forth in Section 768.28,
Florida Statutes.
4.19 Venue
This Agreement shall be enforceable in Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any terms and conditions herein,
exclusive venue for the enforcement of same shall lie in Dade County, Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first entered above.
FOR CITY:
CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By: _~ 6 fb-~
City Clerk
By:
FOR CONSULTANT:
THE BOOKKEEPERS
ATTEST:
By:Ir/~~
President
Corporate Seal:
F:\BU DG\$AUDlDOC97 -98\AGMNTBOO. WPD
,b,PPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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Dote
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a).
FLORIDA STATUTES. ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL
AUTHORIZED TO ADMINISTER OATHS.
1.
This sworn statement is submitted to
71t~ C.~/7'
IAi /U I A-7Vl 1/ F;~ In-iE
(print individual's name and title)
aC /Y1{~1 .tC'~ ff
I
k~i /lE~r
hC"':'//:1/1
by
,.
for -riI-zC &f'LtLt?G/leDZ-s /,vC- ,
(print name of entity submitting sworn statement)
whose business address is Z. U' /I/11IZA-r. ~.,,;: /'./7 I ~~
..k, I /)sF 2 2. ~!
ur /Z .4.:. 6"/h? ~ .,;-;:: h
and (if applicable) its Federal Employer Identification Number (FEIN) is
(.:'? S - 05 <-I .;:Z 3 -? g
(If the entity has no FEIN,
statement: (
include
.)
the Social
Security Number of the
individual
signing this sworn
2. I understand that a "public entity crime" as defined in Paragraph 287.l33(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 of 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.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(I)(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, non-jury trial, or entry of a plea of guilty or nolo
contendere.
4. I understand that an "affiliate" as defined in Paragraph 287. 133(1)(a), Florida Statutes. means:
I. 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 has been convicted of a public
entity crime. The term "affiliate" includes those officer, 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 ajoint venture with a person who has
been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate.
5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes. 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 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.
6. Based on information and belief, the statement which I have marked is true in relation to the entity submitting this sworn statement.
(indicate which statement applies.)
~ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders,
employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity have been
charged with and convicted ofa public entity crime subsequent to July I, 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 the management of the entity, or an affiliate of the entity has been charged
with and convicted ofa public entity crime subsequent to July I, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders,
employees members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged
with and convicted of a public entity crime subsequent to July I, 1989. However, there has been a subsequent proceeding
before a Hearing Officer of the State of Florida. Division of Administrative Hearings and the Final Order entered by the
Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the
convicted vendor list. (attach a copy oftbe final order)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY
IDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND. THAT THIS FORM IS VALID
THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED
TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT
PROVIDED IN SECTION 287.017. FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION
CONTAINED IN THIS FORM.
/l!&J/U
(Signature)
?4Af
(Date)
STATE OF ('UI/l.It).4.
COUNTY OF () A7Jc=
PERSONALLY APPEARED BEFORE ME. the undersigned authority, (,0.' 1/, n I'Y1 J-l F 0 / S h r r . who,
after first being sworn by me, affixed hislher signature in the space provided above on this 3(} '1'h day of ~(! p+. , 19 <; :5' .
My Commission Expires:
(g~t'lULt~. hU<"J
NOTARY Pt&LIC
FORM PUR 7068 (Rev. 06/05/91)
SWORN STATEMENT PlJRSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PlJBLlC ENTITY CRIMES
TIllS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PllBLlC OR OTHER OFI'IClAI.
A1ITHORIZED TO ADMINISTER OATHS.
This sworn statement is submitted to
by
(print individual's name and title)
for
(print name of entity submitting sworn statement)
whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN) is
(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn
statement:( .)
2 I understand that a "public entity crime" as defined in Paragraph 287. I33(l )(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 of 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.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(l)(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 ajury verdict, non-jury trial, or entry of a plea of guilty or nolo
contendere.
4. I understand that an "affiliate" as defined in Paragraph 287.I33(1)(a), Florida Statutes. means:
I. 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 has been convicted ofa public
entity crime. The term "affiliate" includes those officer, directors, executivc;s, partners, shareholders, employees, members. and agents
who are active in the management of an affiliate. The ownership by one person of shares constituting a controll ing 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 venture with a person who has
been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate.
5. I understand that a "person" as defined in Paragraph 287. I33(1)(e), Florida Statutes. 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 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.
6. Based on information and belief, the statement which 1 have marked is true in relation to the entity submitting this sworn statement.
(indicate which statement applies.)
Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners. shareholders.
employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity have been
charged with and convicted of a public entity crime subsequent to July I, 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 the management of the entity, or an affiliate of the entity has been charged
with and convicted of a public entity crime subsequent to July I, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors. executives. partners. shareholders,
employees members, or agents who are active in the management of the entity, or an affiliate of the entity has been eharged
with and convicted ofa public entity crime subsequent to July I, 1989. However. there has been a subsequent proceeding
before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the
Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the
convicted vendor list. (attach a copy of the final order)