STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
<br /> LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT - ge/11
<br /> Page 10
<br /> 12 .01 Equal Employment Opportunity : In connection with the carrying out of any project, the Agency
<br /> shall not
<br /> discriminate against any employee or applicant for employment because of race , age , religion , color, sex, national origin
<br />,
<br /> disability or marital status . The Agency will take affirmative action to ensure that applicants are employed
<br /> and that
<br /> employees are treated during employment without regard to their race , age , religion , color, gender,
<br /> national origin ,
<br /> disability or marital status . Such action shall include , but not be limited to , the following : employment upgrading , demotion
<br /> or transfer; recruitment or recruitment advertising ; layoff or termination ; rates of pay or other forms of compensation ;
<br /> and
<br /> selection for training , including apprenticeship . The Agency shall insert the foregoing provision modified only to show the
<br /> particular contractual relationship in all its contracts in connection with the development of operation of the project , except
<br /> contracts for the standard commercial supplies or raw materials , and shall require all such contractors to insert a
<br /> similar
<br /> provision in all subcontracts , except subcontracts for standard commercial supplies or raw materials . When the project
<br /> involves installation , construction , demolition , removal , site improvement or similar work , the Agency shall post
<br />, in
<br /> conspicuous places available to employees and applicants for employment for project work , notices to be provided by the
<br /> Department setting forth the provisions of the nondiscrimination clause .
<br /> 12 . 02 Title VI — Civil Rights Act of 1964 : The Agency will comply with all the requirements imposed by Title
<br /> VI of the
<br /> Civil Rights Act of 1964 , the regulations of the U . S . Department of Transportation issued thereunder, and the assurance
<br /> by the Agency pursuant thereto .
<br /> The Agency shall include provisions in all contracts with third parties that ensure compliance with Title
<br /> VI of the Civil
<br /> Rights Act of 1964 , 49 C . F . R . Part 21 , and related statutes and regulations .
<br /> 12 . 03 Americans with Disabilities Act of 1990 ( ADA ) : The Agency will comply with all the requirements as imposed by
<br /> the ADA , the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto .
<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
<br /> 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
<br /> 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,
<br /> 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
<br /> 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
<br /> placed
<br /> on the Discriminatory Vendor List, kept by the Florida Department of Management Services , may not submit a bid
<br />on a
<br /> contract to provide goods or services to a public entity ; may not submit a bid on a contract with a
<br /> 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
<br />public entity ,
<br /> may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract
<br /> with any
<br /> public entity ; and may not transact business with any public entity.
<br /> 12 . 06 Suspension , Revocation , Denial of Qualification or Determination of Contractor Non -Responsibility : An
<br /> entity or affiliate who has had its Certificate of Qualification suspended , revoked , denied or have further been determined
<br /> by the Department to be a non - responsible contractor may not submit a bid or perform work for the construction or repair
<br /> of a public building or public work on a contract with the Agency.
<br /> 12 . 07 Prohibited Interests : Neither the Agency nor any of its contractors or their subcontractors shall enter into
<br /> 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 tenure or for 2 years thereafter
<br /> has any interest, direct or indirect . If any such present or former member, officer or employee involuntarily acquires or had
<br /> acquired prior to the beginning of tenure any such interest , and if such interest is immediately disclosed to the Agency ,
<br />the
<br /> Agency , with prior approval of the Department , may waive the prohibition contained in this paragraph provided
<br /> that any
<br /> such present member, officer or employee shall not participate in any action by the Agency or the locality relating to
<br /> such
<br /> 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
<br /> to
<br /> be included in any project , and shall require its contractors to insert in each of their subcontracts , the following provision
<br />:
<br /> " No member , officer or employee of the Agency or of the locality during his tenure or for
<br /> 2 years
<br /> thereafter shall have any interest , direct or indirect , in this contract or the proceeds thereof. "
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