Reso 2005-845 - Laserfiche WebLink

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42. PUBLIC ENTITY CRIMES: Section 287133(2)(a). Florida Statutes. as currently enacted or as amended from time to time. states that a person or affiliate who has been placed on the convicted vendor list following a conVIction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity. may not submit a bid on a contract with a public entity for the construction or repair of a public building or public wor1l. may not submit bids on leases of real property to a public entity. may not be awarded or perform work as a contractor, supplier. subcontractor. or consultant under a contract with any public entity. and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for CATEGORY TWO [currenUy $25.000J for a period of 36 months from the date of being placed on the convicted vendor list 43 CERTIFICATION REGARDING DEBARMENT, sUsPENslON,lNELlGIBILlTY OR VOLUNTARY EXCLUSION. Lower Tier Covered Transactions: Executive Order 12549, as currenUy enacted or as amended from time to time. provides that, to the extent permitted by law. Executive departments and agencies shall participate in a govemmentwide system for nonprocurement debarment and suspension. A person who is debarred or suspended shall be excluded from Federal financial and non- financial assistance and benefits under Federal programs and activities. Except as provided in 9 85.200, Debarment or Suspension. 9 85.201. Treatment of TiUe IV HEA participation, and 985.215, Exception proviSion, debarment or suspension of a participant in a program by one agency shall have govemmentwlde effect A lower tier covered transaction is. in part. any transaction between a participant [SBBC) and a person other than a procurement contract for goods or services, regardless of type. under a primary covered transaction; and any procurement contract for goods or services between a participant and a person, regardless of type. expected to equal or exceed the Federal procurement small purchase threshold fixed at 10 USC. 2304(g) and 41 US.C 253(g) (currenUy $100,000) under a primary covered transaction; or any procurement contract for goods or services between a participant and a person under a covered transaction, regardless of amount, under which that person will have a critical influence on or substantive control over that covered transaction. A participant may rely upon the certification of a prospective participant in a lower tier covered transaction that it and its pnnclpals are not debarred. suspended. proposed for debarment under 48 CFR part 9. subpart 9.4, ineligible, or voluntarily excluded from the covered transaction. unless it knows that the certification is erroneous Each participant shall require participants in lower tier covered transactions to include the certification for it and its principals in any proposal submitted in connection With such lower tier covered transactions. CERTIFICATION a) The prospective lower tier participant certifies. by submission of this proposal. that neither it nor its principals is presently debarred. suspended. proposed for debarment. declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency b) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 44 REASONABLE ACCOMMODATION: In accordance with TiUe II of the Amencans With Disabilities Act, any person reqUiring an accommodation at the bid opening because of a disability must contact the Equal Educational Opportunities Department at 954-765-6187 or TDD 954-765-6188 45. TERMINATION/CANCELLATION: Section 237161. Florida Statutes, prohibits SBBC from creating obligations on anticipation of budgeted revenues for a period in excess of one year As such. SBBC may. during the contract period. terminate or discontinue the items covered In this bid. This written notice will release SBBC of all obligations. subsequent to the termination date. in any way relaled to the items covered In this bid upon 30 days prior written notice to the awardee These provisions must be included as part of any lease agreement between the parties No lease will be conSidered that does not include ltlese provisions. 46 LOBBYIST ACTIVITIES: Persons acting as lobbYISts must state. at the beginning of their presentation. letter. telephone call. e-mail or facsimile transmission to School Board Members. Supenntendent or Members of Senior Management. the group, association. organization or business interest she/he is representing. a) For purposes of School Board Policy 1100B, as currently enacted or as amended from time to time. a lobbyist is defined as a person who for immediate or subsequent compensation, (eg., monetary profit/personal gain) represents a public or private group. association. organization or business interest and engages in efforts to influence School Board members on matters within their official jurisdiction b) For purposes of thiS Policy, a lobbyist is not considered to be a person representing school allied groups (e.g.. PTA. DAC, Band Booster Associations, etc.) nor a public official acting in her/his official capacity c) Lobbyists shall annually (July 1) disclose in each Instance and for each client prior to any lobbying activities. their Identity and activities by completing the lobbyist statement form which can be obtained from official School Board Records. School Board Member's Offices or the Superintendent's Office. d) The lobbyist must disclose any direct business association with any current elected or appOinted official or employee or any Immediate family member of ltle School Board e) Senior-level employees (Pay Grade 30 and above) and School Board members are prohibited from lobbying activities for one year after resignation or retirement or expiration of the term of office. Q The Deputy to the Superintendent shall keep a current list of persons who have submitted ltle lobbyist statement form. 47 TIE BID PROCEDURES: When identical prices are received from two or more vendors and all other factors are equal, priority for award shall be given to vendors in the following sequence: )> A business that certifies that it has implemented a drug-free wor1lplace program shall be given preference in accordance with the provisions of Chapter 287087, Florida Statutes, as currently enacted or as amended from time to time; ~ The Broward County Certified MinoritylWomen Business Enterprise vendor; )> The Palm Beach or Miami-Dade County Certified MinoritylWomen Business Enterpnse vendor; )> The Florida Certified MinoritylWomen Business Enterprise vendor; )> The Broward County vendor. other than a MinoritylWomen Business Enterprise vendor; )> The Palm Beach or Miami-Dade County vendor. other than a MlnorityNVomen Business Enterprise vendor; ~ The Florida vendor. other than a MinoritylWomen Business Enterprise vendor. )> If application of the above criteria does not Indicate a priority for award, the award will be decided by a coin toss. The coin toss shall be held publicly In the Purchasing Department. the tie low bid vendors invited to be present as witnesses. Included as a part of these bid documents is a Form entitled SWORN STATEMENT PURSUANT TO SECTION 287.087, FLORIDA STATUTES, AS CURRENTLY ENACTED OR AS AMENDED FROM TIME TO TIME, ON PREFERENCE TO BUSINESSES WITH DRUG-FREE WORKPLACE PROGRAMS. This form will be used by ltle bidder to certify that it has implemented a drug-free workplace program. In order for bid to be considered, the Invitation to Bid form (Page 1 of this bid) must be propel1y Signed in order for the bid to be considered A bidder can not sign this form in lieu of properly signing the Invitation to Bid form Revised 12/04/2003 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Page 5