Compliance Certification: As an authorized company representative, I certify my firm or corporation:
Agrees to comply the requirements of Florida Statute 287.087 for a Drug Free Workplace.
Agrees to comply with the requirements of Florida Statute 448.095 for Employment Eligibility. Employers, contractors and their subcontractors are required to register and use the Department of Homeland Security’s E-Verify system when hiring new employees for the term of the contract. Violations will result in contract termination. (E-Verify is operated by the U.S. Department of Homeland Security). Owner/Authorized Company Representative initials:
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Bidder Certification (Construction Project - Total Bid with Unit Prices): By my submission of a bid response, and in accordance with your solicitation, I hereby submit this proposal and agree, if my proposal is accepted, to provide goods and services to the City of Ocala in accordance with the solicitation and proposer response. I certify I have read, and will be bound by, all the terms and conditions of this solicitation and any resulting addenda and amendments, in its entirety and understand the scope of work and specification requirements. Bidder/Contractor has given the City or the Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by the City or the Engineer is acceptable to Bidder. Bidder/Contractor acknowledges that the quantities provided in the Schedule of Bid Prices are estimates only, and are not guaranteed minimums. Awarded Contractor will be paid for actual Work completed based on the unit pricing provided in the Schedule of Bid Prices. I certify I am the owner or an authorized officer or agent for the above company and the information supplied herein, including all pages attached, is correct and neither the applicant not any person or concern in any connection with the applicant as a principal officer, so far as is known, is now debarred or otherwise declared ineligible by the City of Ocala from bidding for furnished materials, supplies or services to the City of Ocala or agency thereof. Owner/Authorized Representative initials:
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The undersigned, on behalf of the bidding Vendor and under the penalties of perjury, affirms as true each of the following selected (X) statements: (All applicable boxes must be checked to indicate acknowledgement and certification. Failure to do so may result in your bid/proposal being deemed non-responsive):
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By submission of an electronic response to this solicitation, the undersigned submits and agrees to provide goods and services to the City of Ocala in accordance with the solicitation and Vendor’s response thereto. The undersigned certifies that he/she understands the scope of work and specification requirements set forth in this solicitation and has either exercised or waived its right to seek clarification or guidance regarding any issues prior to submitting a response. The undersigned certifies that he/she has read all of the terms and conditions of this solicitation, any resulting addenda, and amendments, in their entirety, and has the authority to bind and wishes to bind the Vendor thereto.
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A. Applicability. The City’s Anti-Lobbying Policy shall apply to bidders, proposers, and those intending to qualify for award under any solicitation or procurement action, to include invitations to bid, formal or informal requests for quotations, requests for proposal, invitations to negotiate, or requests for qualifications and to the award of purchasing contracts of any type.
B. Prohibited Communications. To ensure fair consideration for all bidders and proposers, City strictly prohibits unauthorized communication or lobbying by any bidder/proposer, any agent, representative, or member of a bidder/proposer’s staff, any person employed by any legal entity affiliated with or representing a bidder/proposer/protestor - whether in writing or verbally – with any evaluation committee member, City employee, City official, City Council member, or City advisory board member written or verbal or given directly or through a third-party, relative to any solicitation or procurement action, between bidders, proposers, City Council, City officials, City departments, or City staff during the lobbying blackout period, except for those inquiries made directly to designated Procurement and Contracting Department staff, or as otherwise provided in Policy No. PRO-080 – Protested Solicitations and Awards.
C. Lobbying Blackout Period. For the purposes of this policy, the term “lobbying blackout period” shall refer to the time period during which vendors, contractors, consultants, or their agents or representatives are prohibited from communicating or lobbying in any manner with City Council, City officers, or City staff (other than designated Procurement and Contracting Department staff) and a time where City Council, City officers, and non-designated City staff shall not communicate in any manner with vendors, contractors, consultants, or their agents or representatives regarding any solicitation or procurement action.
1. Procurements Requiring Council Approval. The blackout period for solicitations and procurement actions requiring Council approval shall start when the bid, solicitation (RFP, RFQ, ITN, etc.), or quote request is issued and continues until the Council President or its designee executes a contract on behalf of the City.
2. Procurements Not Requiring Council Approval. The blackout period for solicitations and procurement actions that do not require Council approval shall start when the bid, solicitation (RFP, RFQ, ITN, etc.), or quote request is issued and ends upon contract award.
D. Communication with Designated Procurement Staff Only. Any bidder or proposer questions regarding solicitations and procurement actions made during the blackout period must be raised to the individual identified in the solicitation or procurement action as the official point of contact for the City.
By signing below, the undersigned acknowledges that he/she has read the foregoing and understands that any prohibited communications initiated by Vendor, or a third party on behalf of Vendor, will be grounds for disqualifying Vendor from consideration for award of the solicitation AND Vendor will face a three (3) year debarment from doing any business with the City of Ocala.
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By signing below, the undersigned certifies that the following statements are true and correct:
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By signing below, the undersigned has read, acknowledges, and agrees to the following statement: The City of Ocala considers all vendors to be valuable assets in the fulfillment of its mission to its citizens. As such, vendors are expected to conduct their businesses openly, fairly, and honestly and to fulfill their contractual commitments to the City in terms of cost, delivery, and quality of products and services. Vendors who submit a bid to and are awarded a contract by City but fail to fulfill the contract term, for any reason other than termination by City for convenience or non-funding or the mutual agreement of the parties, will be subject to future bidding suspension for a period of one (1) year and may face a bid debarment for up to three (3) years.
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By signing below, the undersigned has read, acknowledges, and agrees to the following statement: The undersigned certifies that Vendor and/or its subcontractors can comply with any licensing or certification requirements noted in the underlying Solicitation, scope of work, and/or specifications and agrees to upload copies of all licenses and certifications with the bid/proposal response and/or provide proof of licensure or certification immediately upon request from City.
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By signing below, the undersigned has read, acknowledges, and agrees to the following statement: Vendor contracts are generally not accepted and Vendors are expected to sign a City of Ocala standard agreement unless the requirement is waived by the City’s Procurement and Contracting Officer. The requirement of the City to execute a Vendor contract may result in bid rejection. If Vendor takes exception to any Solicitation specifications, General Terms and Conditions, or Special Terms and Conditions, Vendor must upload with its solicitation response a copy of said exceptions along with any desired modified or supplemental clauses for the City’s consideration.
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By signing below, the undersigned has read, acknowledges, and agrees to the following statements:
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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 by selecting only ONE option.]
Please Note: Submission of this form to the City of Ocala is for the City of Ocala only and, that this form is valid through December 31 of the calendar year in which it is filed. Vendor is required to inform the City of Ocala prior to entering into a contract in excess of the threshold amount provided in Section 287.017, Fla. Stat. for category two of any change in the information contained in this form.
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In accordance with Section 837.06, Florida Statutes, Vendor acknowledges that whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duties shall be guilty of a misdemeanor in the second degree, punishable as provided in Section 775.082 or Section 775.083, Florida Statutes.
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*Vendor Signature:
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The City of Ocala (City) follows public records responsibilities as provided under Chapter 119, Florida Statues and Article 1, Section 24 of the Florida Constitution. Submittals received by the City in response to its solicitations are exempt from public disclosure until such time that the City provides notice of an intended decision or until thirty (30) days after opening the bid, quote or proposal, whichever is earlier.
If the City rejects all bids, quotes or proposals pursuant to this solicitation and provides notice of its intent to reissue the solicitation, then the rejected submissions shall remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued solicitation or until the City withdraws the reissued solicitation. A bid, quote, or proposal shall not be exempt from public disclosure longer than twelve (12) months after the City's initial notice rejecting all bids, quotes, or proposals.
If Vendor considers any portion of the documents, data or records submitted in response to a solicitation to be confidential, trade secret or otherwise not subject to disclosure pursuant to Chapter 119, Florida Statutes, the Florida Constitution or other authority, Vendor must complete a Confidential, Proprietary, or Trade Secret Material Statement and provide the City with a separate redacted copy of its response. The redacted copy shall be provided to the City at the same time Vendor submits its response to the solicitation and must only exclude or obliterate those exact portions that are claimed confidential, proprietary, or trade secret. In compliance with Section 119.07(1)(e), Florida Statutes, Vendor must “state the basis for the exemption” that he/she “contends is applicable to the record, including the statutory citation to an exemption created or afforded by statute.”
THE CITY WILL MAKE NO EFFORT TO VERIFY WHETHER OR NOT THE REDACTED MATERIAL IS EXEMPT FROM CHAPTER 119, FLORIDA STATUTES. THAT DETERMINATION IS TOTALLY THE RESPONSIBILITY OF THE VENDOR AND THE VENDOR SHALL BE SOLELY RESPONSIBLE FOR DEFENDING ITS DETERMINATION THAT THE REDACTED PORTIONS OF ITS RESPONSE ARE CONFIDENTIAL, TRADE SECRET, OR NOT OTHERWISE SUBJECT TO DISCLOSURE.
PROPOSER SHALL PROTECT, DEFEND, AND INDEMNIFY THE CITY FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO PROPOSER’S DETERMINATION THAT THE REDACTED PORTIONS ARE NOT SUBJECT TO DISCLOSURE.
IF THE PROPOSER FAILS TO SUBMIT A REDACTED COPY OF ITS SUBMISSION, ANY CLAIM OF CONFIDENTIALITY IS WAIVED, AND THE CITY SHALL BE AUTHORIZED AND REQUIRED TO PRODUCE THE ENTIRE DOCUMENT OR RECORD IN ITS ANSWER TO A PUBLIC RECORDS REQUEST FOR SAID RECORDS.
By signing below, Vendor certifies that it has read and understands its responsibilities regarding any purported confidential, proprietary, or trade secret material contained in its bid/proposal AND (please select the appropriate statement below):
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Vendor does not wish to designate any portion of its submittal as confidential, proprietary, or trade secret and HAS NOT included a redacted copy of its bid/proposal.
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Vendor wishes to designate a portion of its submittal as confidential, proprietary, or trade secret and HAS included a redacted copy of its bid/proposal along with an unredacted original.
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*Vendor Signature:
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CONFLICTS OF INTEREST. A "conflict of interest” would arise when an employee, officer, agent, or any member of his or her immediate family, his/her partner, or an organization which employs or is about to employ any of the parties has a financial or other interest in or a tangible personal benefit from a firm considered for a City contract. No employee may participate in any part of the procurement process, to include the preparation of plans, specifications, or estimates; the selection, award, or administration of contracts; or the inspection or supervision of construction, if he/she has a real or apparent conflict of interest.
FINANCIAL INTERESTS. A “financial interest” exists where there is the potential for gain or loss to the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employes or is about to employ any of these parties as a result of a particular procurement. A prohibited financial interest may arise from ownership of certain financial instruments or investments such as stocks, bonds, or real state or from a salary, indebtedness, job offer, or similar interest that might be affected.
APPARENT CONFLICT OF INTEREST. An “apparent” conflict of interest exists where an actual conflict does not exist, but where a person with knowledge of the relevant facts would question the impartiality of the employee, officer, or agent participating in the procurement.
VENDOR DISCLOSURE REQUIREMENTS. Vendors are required to immediately disclose any and all situations which create, or could create, a conflict of interest involving any procurement, purchase, contract, or other business involving the City. In order to avoid any real or apparent conflicts of interest, every Vendor who submits a proposal, bid or other response to a solicitation is required to complete this Vendor Conflict of Interest Disclosure Statement. Failure to complete this form may result in bid rejection and/or contract termination, if awarded, and any person who provides misleading or incorrect information on this disclosure statement shall be disqualified from participation.
OFFICER AND EMPLOYEE DISCLOSURE REQUIREMENTS. Every appointed or elected officer, employee, director, or agent of the City of Ocala who is the owner or who has a substantial financial (>5%) or other tangible interest in any business entity which does or anticipates doing business with the City of Ocala or which is subject to regulation by the City must also complete and file an Officer and Employee Disclosure Statement which can be found at www.bidocala.com. Any employee that does not comply with the conflict-of-interest sections outlined herein may be subject to disciplinary action, up to and including termination, if warranted by the offense.
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Please disclose the name(s) of any employee, officer, director, shareholder, or agent of your firm that Is also a City of Ocala employee, elected officer, or agent of the City of Ocala:
Employee name 1: Employee name 2: Employee name 3:
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Please disclose the name(s) of any employee, elected officer, or agent of the City of Ocala that is a known relative of an employee, officer, director, shareholder, or agent of your firm:
Employee name 1: Employee name 2: Employee name 3:
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By signing below, I certify under oath and penalty of perjury that all statements on or attached to this form are true and correct to the best of my knowledge. I further understand that omissions shall be cause for disqualification from participation in the proposed transaction: *Vendor Signature:
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Pursuant to section 448.095, Florida Statutes, the City of Ocala, a Florida municipal corporation, must require all contractors (and their subcontractors) to register with and use the E-Verify system to verify the work authorization status of all new employees of the contractor or subcontractor. The City may not enter into a contract unless each party to the contract registers with and uses the E-Verify system.
(This form is required to be submitted with all bids and offers. Failure to provide this Certification may result in an offeror being deemed non-responsive to this Solicitation.)
REQUIREMENT TO UTILIZE E-VERIFY SYSTEM: Contractors under City-awarded contracts who enter into subcontracts with third parties are required to obtain an affidavit from each subcontractor stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien and maintain a copy of such affidavit for the duration of the contract.
CERTIFICATION OF COMPLIANCE: The undersigned does hereby certify that the below named company:
PENALTIES FOR NON-COMPLIANCE:
1. If the City has a good faith belief that Contractor has knowingly violated the requirements of section 448.095, the City shall immediately terminate the contract with Contractor.
2. If the City has a good faith belief that a subcontractor of Contractor has knowingly violated this subsection, but the Contractor otherwise complied with this subsection, the City shall promptly notify Contractor and order Contractor to immediately terminate the contract with the subcontractor.
3. A contract terminated under this paragraph is not a breach of contract and may not be considered as such.
4. For contracts terminated by City under this paragraph, the offending contractor may not be awarded a public contract for at least one (1) year after the date on which the contract was terminated. Contractor shall be liable for any additional costs incurred by City as a result of the termination of a contract.
In accordance with Section 837.06, Florida Statutes, Contractor acknowledges that whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duties shall be guilty of a misdemeanor in the second degree, punishable as provided in Section 775.082 or Section 775.083, Florida Statutes.
*Vendor Signature:
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In case of a tie bid, preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991.
(This form is required only if you would like to be eligible for preference in case of a tie bid)
AWARD OF TIE BIDS: A thorough review of all tie bids shall be conducted by Procurement staff. Award recommendations shall be based on the low bid meeting specifications. In case of a tie, the Vendor who is a certified Diverse Small Business Enterprise (DSBE), as defined by the City, or who has the highest percentage of DSBE participation will be awarded the bid. If none of the tied vendors are either a certified DSBE or have DSBE participation, the bid received from a business that certifies that it has implemented a drug free workplace program shall be given preference in the award process. In the cases where the tie bid cannot be awarded as explained above, a coin toss will be conducted. The coin toss will be conducted by Procurement staff, with one witness.
The undersigned Vendor certifies that as of the date of submission of its offer, it has established and shall maintain a qualified drug-free workplace program and attests that Vendor has (check all that apply):
*Vendor Signature:
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