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375-030-12
<br />PROCUREMENT
<br />Pape AS of 5
<br />5. COMPLIANCE WITH LAWS:
<br />A. All final plans, documents, reports, studies and other data prepared by the Consultant shall bear the professional's
<br />seal/signature, in accordance with the applicable Florida Statute that governs and Administrative Rules promulgated by
<br />the Department of Business and Professional Regulation, and guidelines published by the Department, in effect at the
<br />time of execution of this Agreement, In the event that changes in the Statute or Rules create a conflict with the
<br />r2^y uu c, ucnt5 Of tia pu011511^cd gulceimea requiremerit5 ui the htatute anu'ior Rules shall take precedence.
<br />B. Chapter 337.162 Florida Statutes applies as follows:
<br />(1) If the Department has knowledge or reason to believe that any person has violated the provisions of state
<br />professional licensing laws or rules, it will submit a complaint about the violations to the Department of
<br />Business and Professional Regulation. The complaint will be confidential.
<br />(2) Any person who is employed by the Department and who is licensed by the Department of Business and
<br />Professional Regulation and who, through the course of his employment, has knowledge to believe that any
<br />person has violated the provisions of state professional licensing taws or rules will submit a complaint about
<br />the violations to the Department of Business and Professional Regulation. Failure to submit a complaint
<br />about the violations may be grounds for disciplinary action pursuant to Chapter 455 and the state licensing
<br />law applicable to that licensee. The complaint will be confidential.
<br />(3)
<br />Any confidential information submitted to
<br />the Department
<br />of Business
<br />and Professional Regulation will remain
<br />on the grounds of race, color, religion, sex, national origin,
<br />confidential pursuant to Chapter 455 and
<br />applicable state
<br />law.
<br />this Agreement.
<br />C. The Consultant will comply
<br />with all federal, state and local laws and ordinances applicable to the
<br />work or payment for
<br />work thereof,
<br />and will not discriminate
<br />on the grounds of race, color, religion, sex, national origin,
<br />age or disability in the
<br />performance
<br />of work under
<br />this Agreement.
<br />D. The Consultant warrants that the Consultant has not employed or retained any company or person, other than a bona
<br />fide employee working solely for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed
<br />to pay any person, company, corporation, individual, or firm any fee, commission, percentage, gift or any other
<br />consideration, contingent upon or resulting from the award or making of this Agreement. It is understood and agreed
<br />that the term "fee" shall also include brokerage fee, however denoted. For the breach or violation of this Paragraph,
<br />the Department shall have the right to terminate this Agreement without liability, and, at its discretion, to deduct from
<br />the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration.
<br />E. The Consultant shall allow public access to all documents, papers, letters, or other material subject to the provisions of
<br />Chapter 119, Florida Statutes, and made or received by the Consultant in conjunction with this Agreement. Failure by
<br />the Consultant to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by
<br />the Department.
<br />The Consultant agrees that it will make no statements, press releases or publicity releases concerning this Agreement
<br />or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or
<br />furnished in compliance with this Agreement, or any particulars thereof, during the period of the Agreement, without
<br />first notifying the Department and securing its consent in writing. The Consultant also agrees that it will not publish,
<br />copyright or patent any of the data developed under this Agreement, it being understood that such data or information
<br />is the property of the Department.
<br />G. Consultant covenants and agrees that it and its employees will be bound by the standards of conduct provided in
<br />applicable Florida Statutes and applicable rules of the Department of Business and Professional Regulation as they
<br />relate to work performed under this Agreement. Consultant further covenants and agrees that when a former state
<br />employee is employed by the Consultant, the Consultant will require that strict adherence by the former state employee
<br />to Florida Statutes 112.313(9) and 112.3185 is a condition of employment of said former state employee. These
<br />statutes will by reference be made a part of this Agreement as though set forth in full. Consultant agrees to
<br />incorporate the provisions of this paragraph in any subcontract into which it might enter with reference to the work
<br />performed pursuant to this Agreement.
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