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525-010.40
<br />CONSTRUCTION
<br />OGC -11/03
<br />Page 8 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.
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