EXHIBIT_“B”_City_of_Dania_Beach_Florida_Sworn_Statement_Under_287.133_3A_Florida_Statutes_Public_Entity_Crimes.pdf
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- Solicitation number
- 26-003
- Issued by
- Broward County, Florida
About this file
This is a sworn statement form required by the City of Dania Beach, Florida under Florida Statutes 287.133(3)(a) regarding public entity crimes for Request for Proposals No. 24-027. The document serves as a compliance certification that must be executed before a notary public by an authorized representative of any entity submitting a proposal. The form requires the submitting entity to provide its legal name, business address, Federal Identification Number or Social Security Number, and identification of the signatory's relationship to the entity. The sworn statement must be completed and notarized prior to proposal submission.
The form requires proposers to certify whether they, their officers, directors, executives, partners, shareholders, employees, members, agents active in management, or any affiliates have been charged with and convicted of a public entity crime since July 1, 1989. Public entity crimes are defined to include violations of state or federal law related to business transactions with public entities involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. If no convictions exist, the proposer marks the appropriate box. If convictions have occurred, the proposer must indicate whether a hearing before the Florida Division of Administrative Hearings resulted in non-placement on the convicted vendor list, removal from the list following subsequent proceedings, or current non-placement status. The form must be signed and sealed by a notary public and includes standard definitions of terms such as "conviction," "affiliate," and "person" as established under Florida law.
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Text version
EXHIBIT “B”
CITY OF DANIA BEACH, FLORIDA
SWORN STATEMENT UNDER §287.133(3)(A), FLORIDA STATUTES
PUBLIC ENTITY CRIMES
(This form must be signed in the presence of a Notary Public or other officer authorized to administer oaths.)
1. This sworn statement is submitted with Request for Proposals, City RFP No.: 24-027
2. This sworn statement is submitted by:
(PRINT Name of entity submitting sworn statement) its business address is:
Federal Identification Number (FEIN) is:
(if applicable)
Social Security Number:
(if the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement)
3. My name is:
(PRINT Name of individual signing this document) and my relationship to the entity is:
(President, General Partner, etc. as applicable)
4. I understand that a "public entity crime" as defined in §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 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 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.
5. I understand that to be "convicted" or "conviction" as defined in §287.133(1)(b), Florida
Statutes, means a finding of guilt and 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 (also known as a plea of “No Contest”).
6. I understand that an "affiliate" as defined in §287.133(1)(a), Florida Statutes means:
(a) A predecessor or successor of a person or a corporation convicted of a public entity crime; or
(b) An entity under the control of any natural person who is active in the management of the entity and which 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.
7. I understand that a "person" as defined in §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.
8. Based on information and belief, the statement that I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies)
1. ______ Neither the entity submitting the sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989.
2. _____ 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 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 and (Please now indicate which additional statement below applies):
A. _______ There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order)
B. _______ The person or affiliate was placed on the convicted list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order)
C. _______ The person or affiliate has not been placed on the convicted vendor list.
(Please describe any action taken by or pending with the Florida Department of General Services)
Signature (of person whose Printed Name Date first appears above)
STATE OF
COUNTY OF ___________________
BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared ☐ physical presence or ☐ online notarization, on _________________ as _________________, of ___________________, an organization authorized to do business in the State of Florida, and acknowledged and executed the foregoing statement as the proper official of _______________________ for the use and purposes mentioned in it and affixed the official seal of the entity, and that the instrument is the act and deed of that entity. He/she is personally known to me or has produced __________________________ as identification.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this _____ day of _________________, 2024.
Notary Seal ___________________________________ Signature of Notary Public
Printed Name of Notary Public
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