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<br />I <br />I <br />I <br /> <br />I <br />I <br />I <br />I <br /> <br />I <br /> <br />I <br />I <br /> <br />I <br />I <br />I <br />I <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br />I <br /> <br />SWORN STATEMENT UNDER SECTION 287.133(3)(A) <br />FLORIDA STATUTES <br />ON PUBLIC ENTITY CRIMES <br /> <br />1. <br /> <br />This sworn statement is submitted to the City of Sunny Isles Beach by William A. O'Leary. F ASLA <br />President for O'LEARY Design Associates. PA whose business address is 8525 S.W. 92nd Street <br />Suite C-II Miami. FL 33156 and (if applicable) its Federal Employer Identification number (FEIN) <br />is 59-1308446. <br /> <br />2. <br /> <br />I understand that a "public entity crime" as defined in Para. 287.133(1)(g), Florida Statutes, means <br />a violation of any state or federal law by a person with respect to and directly related to the transaction <br />of business with any public entity or with an agency or political subdivision of any other state or with <br />the United States, including, but not limited to, any bid or contract for goods or services to be <br />provided to any public entity or an agency or political subdivision of any other state of the United <br />States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material <br />misrepresentation. <br /> <br />3. <br /> <br />I understand that "convicted" or "conviction" as defined in Para. 287.133(1)(g), Florida Statutes, <br />means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of <br />guilt, in any federal or state trail court of record relating to charges brought by indictment or <br />information after July I, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty <br />or nolo contendere. <br /> <br />4. <br /> <br />I understand that an "affiliate" as defined in Para. 287.133(1)(g), Florida Statutes, means: <br /> <br />1. A predecessor or successor of a person convicted of a public entity crime; or <br />2. Any entity under the control of any natural person who is active in the management of the <br />entity and who has been convicted of a public entity crime. The term "affiliate" includes <br />those officers, directors, executors, partners, shareholders, employees, members, and agents <br />who are active in the management of an affiliate. The ownership by one person of shares <br />constituting a controlling interest in another person, or a pooling of equipment or income <br />among persons when not for fair market value under an ann's length agreement, shall be a <br />prime facie case that one person controls another person. A person who knowingly enters <br />into a joint venture with a person who has been convicted of a public entity crime in Florida <br />during the preceding 36 months shall be considered an affiliate. <br /> <br />5. <br /> <br />I understand that a "person" as defined in Para. 287. 133(1)(g), Florida Statutes, means any natural <br />person or entity organized under the laws of any state or of the United States with the legal power to <br />enter into a binding contract and which bids or applies to bid on contracts for the provision of goods <br />or services let by a public entity, or which otherwise transacts or applies to transact business with a <br />public entity. The term "persons" includes those officers, directors, executives, partners, shareholders, <br />employees, members, and agents who are active in management of an entity. <br /> <br />6. <br /> <br />Based on information and belief, the statement which I have marked below is true in relation to the <br />entity submitting this sworn statement. (Please indicate which statement applied). <br /> <br />...x.. Neither the entity submitting this sworn statement, or one or more of the officers, directors, <br />executives, partners, shareholders, employees, members or agents who are active in <br />management of the entity, nor any affiliate of the entity have been charged with and <br />