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<br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br /> <br />SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a) <br />FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES <br /> <br />THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER <br />OFFICIAL AUTHORIZED TO ADMINISTER OATHS. <br /> <br />I. This sworn statement is submitted to City of Sunny Isles Beach <br />by Arsenio Milian, P.E. <br />for Milian, Swain & Associates, Inc. <br />whose business address is 2025 SW 32nd Avenue, Suite 110, Miami, Florida 33145 <br /> <br />65-0094999 <br /> <br />and (if applicable) its Federal Employer Identification Number (FEIN) is <br />(IF the entity had no FEIN, include the Social Security Number of the individual signing this sworn statement: <br /> <br />2. I understand that a "public entity crime" as defined in Paragraph 287. I 33(1)(g), Florida Statutes, means a violation of <br />any state or federal law by a person with respect to and directly related to the transaction of business with any public <br />entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, <br />any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any <br />other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or <br />material misrepresentation. <br /> <br />3. I understand that "convicted" or "conviction" as defined in Paragraph 287. 133(1)(b), Florida Statutes means a finding <br />of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial <br />court of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, <br />nonjury trial, or entry of a plea of guilty or nolo contenders. <br /> <br />4. I understand that an "affiliate" as defined in Paragraph 287. I33(1)(a), Florida Statutes, means: <br /> <br />a. A predecessor or successor of a person convicted of a public entity crime; or <br /> <br />b. An entity under the control of any natural person who is active in the management of the entity and who has been <br />convicted of a public entity come. The term "affiliate" includes those officers, directors, executives, partners, <br />shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership <br />by one person of shares 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 arm's length agreement, shall be a prima facie case that <br />one person controls another person. A person who knowingly enters into a joint venture with a person who has <br />been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. <br />5. I understand that a "person" as defined in Paragraph 287. I 33(1)(e), Florida Statutes, means any natural person or entity <br />organized under the laws of any state or of the United States with the legal power to enter into a binding contract and <br />which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which <br />otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, <br />~~::~:;;"UliV'" p'rtne",~ olde", employ"" membe", aod .gen" wbo ." "live in m'""gemenl of ,ny <br /> <br /> <br />(..../~ Arsenio Milian, P.E. <br />SIGNATURE OF AFFIANT (Printed or Typed Legal Name of Affiant) <br /> <br />State of g~d.4:'>County of~.,6J~ <br />Sworn to and subscribed before me this cJ-Y day of ~ ' 2007 by <br /> <br />Personally Known: <br /> <br /> <br />Identification Produced <br /> <br />~UI'I/(!.e Notary Seal: <br />Notary's Name Pri ~ <br /> <br />Page 8 of9 <br />RFQ 07-03-01 Engineering Srvs Bridge Revised (Addendum I).doc <br />