1-Attachment A - Public Entity Crimes.pdf

PDF 255 KB Posted

Attached to
NETAPP Storage Hardware
Solicitation number
PROJ-26-024
Issued by
Volusia County, Florida

About this file

This is a sworn statement form pursuant to Florida Statutes Section 287.133(3)(a) regarding public entity crimes, submitted to Halifax Health Medical Center, a special taxing district in Florida. The form serves as a certification requirement for vendors bidding on contracts with public entities in Florida, specifically in relation to Halifax Health's NetApp Storage Hardware procurement. The document establishes the legal framework and definitions applicable to public entity crime certifications, requiring the submitting entity to declare whether it, its officers, directors, executives, partners, shareholders, employees, members, or agents active in management, or any affiliates have been convicted of public entity crimes as defined under Florida law subsequent to July 1, 1989.

The sworn statement must be executed before a notary public and is valid through December 31 of the calendar year in which it is filed. Vendors must indicate one of three statements: that neither the entity nor its associated parties have been convicted of a public entity crime; that a conviction exists but no subsequent administrative proceeding has occurred; or that a conviction exists but a Florida Division of Administrative Hearings final order determined it was not in the public interest to place the entity on the convicted vendor list. Vendors are required to inform Halifax Health of any changes to the information contained in the form prior to entering into a contract exceeding the threshold amount specified in Section 287.017, Florida Statutes for Category Two. This certification is specific to Halifax Health and is a mandatory compliance document for contract eligibility.

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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 AND MINISTER OATHS.

1. This sworn statement is submitted to_________________________________________________________ [print name of the public entity] 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 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the 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(1)(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, nonjury 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:

1. 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 officers, 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. 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.

ATTACHMENT A

6. Based on information and belief, the statement which I have marked below 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 has been charged with and convicted of a public entity crime subsequent to July 1, 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 1, 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 1, 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)

I UNDERSTAND THAT THE SUBMISSION OF THE FORM TO THE CONTRACTING OFFICER FOR THE

PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (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.

[signature]

Sworn to and subscribed before me this _________day of ________________________________, 20_________.

Personally known________________________________ ___________________________________________

Or Produced identification__________________________ Notary Public – State of _______________________

______________________________________________ My commission expires_______________________ (Type of Identification)

(Printed, typed or stamped commission name of notary public)

Form PUR 7068 (Rev 6/11/92)

This sworn statement is submitted to: Halifax Health Medical Center, a special taxing District
for:
whose business address is 1:
whose business address is 2:
and if applicable its Federal Employer Identification Number FEIN is:
statement:
Neither the entity submitting this sworn statement nor any of its officers directors executives:
The entity submitting this sworn statement or one or more of its officers directors executives:
The entity submitting this sworn statement or one or more of its officers directors executives_2:
by:

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