Entity_Crimes_-_Sworn_Statement_10-4-11.pdf

PDF 17 KB Posted

Attached to
Water Materials Alliance
Solicitation number
PR8286
Issued by
Orange County, Orlando City, Florida

About this file

This document is a Sworn Statement under Section 287.133(3)(a) and 287.135 of the Florida Statutes, specifically addressing Public Entity Crimes and Scrutinized Companies. The form is a legal document designed to be completed by a bidder or contractor, sworn in the presence of a notary public, certifying that the company and its key personnel have not been convicted of public entity crimes. The statement requires the signatory to affirm their understanding of various legal definitions related to public entity crimes, including what constitutes a conviction, an affiliate, and the implications of being listed on scrutinized companies lists.

The document mandates that companies listed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Section are prohibited from bidding on, submitting proposals for, or entering into contracts with governmental agencies for goods or services valued at $1 million or more. If such a company is found to be on these lists, any existing contract will be terminated, and civil penalties will be applied. The sworn statement requires the signatory to disclose any past convictions of public entity crimes and affirm that neither the company nor its active management has been convicted of such crimes subsequent to July 1, 1989, or provide details if a conviction has occurred, including any administrative determinations about the public interest.

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Text version

SWORN STATEMENT UNDER SECTION 287.133 (3) (a) and 287.135, FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES AND SCRUTINIZED

COMPANIES

(To be signed in the presence of a notary public or other officer authorized to administer oaths.)

STATE OF ________________

COUNTY OF _______________

Before me, the undersigned authority, personally appeared who, being by me first duly sworn, made the following statement:

1. The business address of _

[name of bidder or Contractor] is __

2. My relationship to

[Name of bidder or Contractor] is [Relationship such as sole proprietor, partner, president, vice president].

3. I understand that any company listed on the Scrutinized Companies with

Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Section as defined by Florida Statute 215.473 may not bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services of $1 million or more. If found to be on the list, I understand that any contract with the governmental agency or entity will be terminated and that civil penalties as outlined in Florida Statute

287.135 will apply.

4. I understand that a public entity crime as defined in Section 287.133 of the

Florida Statutes includes 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 in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or such an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.

5. I understand that "convicted" or "conviction" is defined by the statute to mean 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.

6. I understand that "affiliate" is defined by the statute to mean (1) a predecessor or successor of a person or a corporation 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, or (3) those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate, or (4) a person or corporation who knowingly entered into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months.

7. Neither the bidder or Contractor nor any officer, director, executive, partner, shareholder, employee, member or agent who is active in the management of the bidder or Contractor nor any affiliate of the bidder or Contractor has been convicted of a public entity crime subsequent to July 1, 1989.

[Draw a line through paragraph 7 if paragraph 8 below applies.]

8. There has been a conviction of a public entity crime by the bidder or Contractor, or an officer, director, executive, partner, shareholder, employee, member or agent of the bidder or Contractor who is active in the management of the bidder or Contractor or an affiliate of the bidder or Contractor. A determination has been made pursuant to Section 287.133(3) by order of the Division of Administrative Hearings that it is not in the public interest for the name of the convicted person or affiliate to appear on the convicted vendor list. The name of the convicted person or affiliate is

___________________________________. A copy of the order of the Division of Administrative Hearings is attached to this statement.

[Draw a line through paragraph 8 if paragraph 7 above applies.]

Signed by: Printed Name:

Sworn to and subscribed before me in the state and county first mentioned above on the _____ day of _____________, 20___.

Notary Public

(Affix Seal)

My Commission Expires

Type or Printed Name

File details come from the government source that posted it. Updated .