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525-010-40 <br /> CONSTRUCTION <br /> OGC - 11103 <br /> Pape B of 12 <br /> 12. 04 Public Entity Crime : A person or affiliate who has been placed on the convicted vendor list following a conviction <br /> 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 <br /> submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not <br /> submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, <br /> subcontractor, or consultant under a contract with any public entity ; and may not transact business with any public entity in <br /> excess of the threshold amount provided in Section 287 . 017 , Florida Statutes for CATEGORY TWO for a period of 36 <br /> months from the date of being placed on the convicted vendor list. <br /> 12.05 Discrimination : In accordance with Section 287 . 134 , Florida Statutes , an entity or affiliate who has been placed on <br /> the Discriminatory Vendor List, maintained by the Florida Department of Management Services , may not submit a bid on a <br /> contract to provide goods or services to a public entity ; may not submit a bid on a contract with a public entity for the <br /> construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; <br /> may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any <br /> public entity ; and may not transact business with any public entity . <br /> 12.06 Prohibited Interests : Neither the Agency nor any of its contractors or their subcontractors , shall enter into any <br /> contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in <br /> the project in which any member, officer , or employee of the Agency or the locality during his tenure , or for two years <br /> thereafter, has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily <br /> acquires or had acquired any such interest prior to the beginning of his tenure , and if such interest is immediately <br /> disclosed to the Agency , the Agency with prior approval of the Department may waive the prohibition contained in this <br /> subsection , provided , that any such present member, officer or employee shall not participate in any action by the Agency <br /> or the locality relating to such contract, subcontract, or arrangement. <br /> The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to <br /> be included in any project, and shall require its contractors to insert in each of it's subcontracts , the following provision : <br /> "No member, officer or employee of the Agency or of the locality during his tenure , or for two years thereafter, <br /> shall have any interest, direct or indirect, in this contract or the proceeds thereof. " <br /> The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories , <br /> or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency . <br /> 12.07 Interest of Members of or Delegate to , Congress : No member of or delegate to the Congress of the United <br /> States shall be admitted to any share or part of the Agreement or any benefit arising therefrom . <br /> 13 . 00 Miscellaneous Provisions : <br /> 13 . 01 Environmental Regulations : The Agency will be solely responsible for compliance with all applicable <br /> environmental regulations and for any liability arising from non-compliance with these regulations and will reimburse the <br /> Department for any loss incurred in connection therewith . The Agency will be responsible for securing any applicable <br /> permits . <br /> 13 . 02 Department Not Obligated to Third Parties : The Department shall not be obligated or liable hereunder to any <br /> party other than the Agency . <br /> 13 . 03 When Rights and Remedies Not Waived : In no event shall the making by the Department of any payment to the <br /> Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may <br /> then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default <br /> shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach <br /> or default. <br /> 13 . 04 How Agreement Is Affected by Provisions Being Held Invalid : If any provision of this Agreement is held invalid , <br /> the remainder of this Agreement shall not be affected . In such an instance the remainder would then continue to conform <br /> to the terms and requirements of applicable law. <br /> 13 . 05 Bonus or Commission : By execution of the Agreement, the Agency represents that it has not paid and , also , <br /> agrees not to pay , any bonus or commission for the purpose of obtaining an approval of its application for the financing <br /> hereunder. <br /> I � <br />