Sworn_Statement.pdf

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Attached to
Architectural and Engineering Services - New Escambia County Animal Welfare Facility
Solicitation number
PD 25-26.009
Issued by
Escambia County, Florida

About this file

This is a Sworn Statement form required by Florida Statute Section 287.133(3)(a) for public entity crime certifications, applicable to the Escambia County Board of County Commissioners' Request for Qualifications for architectural and engineering services related to the new Escambia County Animal Welfare Facility. The form must be completed and notarized by an authorized signatory of any firm submitting a proposal. The statement requires the executing officer to certify, under oath, whether the entity, its 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 as defined under Florida Statute Section 287.133 subsequent to July 1, 1989. The form must be signed in the presence of a notary public and is valid through December 31 of the calendar year in which it is filed. Any changes to the information contained in the sworn statement must be reported to the public entity prior to contract execution for agreements exceeding the threshold amount specified in Florida Statute Section 287.017.

The sworn statement provides four certification options: confirmation that neither the entity nor any affiliated parties have been convicted of a public entity crime; disclosure that a conviction exists with attached final order documentation; confirmation of removal from the convicted firm list following a hearing before the State of Florida Division of Administrative Hearings with attached final order; or description of pending actions with the Department of General Services if the entity has not been placed on the convicted firm list. The form requires completion of entity name, business address, Federal Employer Identification Number or Social Security Number, and the name and title of the individual executing the statement. Public entity crimes under the statute include violations involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation directly related to transactions with public entities.

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Sworn statement under section 287.133 (3) (a) Florida statute on 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 Bid, Proposal or Contract for:

2. This sworn statement is submitted by, __________________________________, whose business address is, ____________________________________________________________, and (if applicable) Federal Employer Identification Number (FEIN) is ______________________ (if the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement).

3. My name is ________________________________________ and my relationship to the entity named above is ___________________________________________ (title).

4. I understand that a “public entity crime” as defined in paragraph 287.133 (1) (g) Florida Statute, 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 any agency or public subdivision of any other state or of the United States and involved antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy or material misrepresentation.

5. I understand that "convicted" or "convicted" 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 records 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.

6. I understand that an "affiliate" as defined in Paragraph 287 .133 (1) (a), Florida Statutes, means:

a. A predecessor or successor of a person 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 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 of shares constituting a controlling income among persons when not for fair interest in another person, or a pooling of equipment or income among persons when not for fair market value under a length agreement, shall be a prima facie case that one person controls another person. A person who knowingly convicted of a public entity crime, in Florida during the preceding thirty-six (36) months shall be considered an affiliate.

7. 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 the state or of the United States with the legal power to enter into a binding contract 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 which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies)

☐ Neither the entity submitting this sworn statement, or any officers, directors, executive, partners, shareholders, employees, member, or agents who are active in management of the entity, or affiliate of the entity have 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 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 attach a copy of the final order)

☐ The person or affiliate was placed on the convicted firm 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 public interest to remove the person or affiliate from the convicted firm list. (Please attach a copy of the final order)

☐ The person or affiliate has not been placed on the convicted firm list. (Please describe any action taken by, or pending with, the department of General Services)

I UNDERSTAND THAT THE SUBMISSION OF THIS 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

Name

Signature Date

PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature at the space provided above on this day of _____________, 20____, and is personally known to me, or has provided _____________________________________ as identification.

STATE OF FLORIDA

COUNTY OF: ______________________________ Notary Public My Commission expires: ______________________

STATE OF FLORIDA

COUNTY OF ESCAMBIA

The foregoing instrument was acknowledged before me, by means of physical presence or online notarization, this ____ day of ________________, 20_____, by _____________, who (__) is personally known to me, or (_) has produced current ____________________________________ as identification.

Signature of Notary Public

(Notary Seal) Printed Name of Notary Public

Sworn statement under section 287.133 (3) (a)

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