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525-010-40
<br />PROJ MGT, RESEARCH 8 DEV OFC
<br />OGC - 11/03
<br />Page 8 of 12
<br />2.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction
<br />.r 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 />Jbmit a bid on a contract with a public entity for the construction or repair of a public -building or public work, may not
<br />Jbmit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,
<br />Jbcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in
<br />Kcess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36
<br />ionths from the date of being placed on the convicted vendor list.
<br />2.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on
<br />ie Discriminatory Vendor List, maintained by the Florida Department of Management Services, may not submit a bid on a
<br />)ntract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the
<br />Dnstruction or.repair of a public building or public work; may not submit bids on leases of real property to a public entity;
<br />lay not be awarded or perform -work as a contractor, supplier, subcontractor, or -consultant under -a contract with any
<br />uglic entity; and may not transact business with any public entity,
<br />2.06 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors, shall enter into any
<br />Dntract, subcontract, or arrangement in connection with the project or any property included or planned to be included in
<br />le project in which any member, officer, or employee of the Agency or the locality during his tenure, or for two years
<br />iereafter, has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily
<br />cquires or had acquired any such interest prior to the beginning of his tenure, and if such interest is immediately
<br />isclosed to the Agency, the Agency with prior approval of the Department may waive the prohibition contained in this
<br />ubsection, provided, that any such present member, officer or employee shall not participate in any action by the Agency
<br />r the locality relating to such contract, subcontract, or arrangement.
<br />he Agency shall insert in all contracts entered into in connection with the project or any property included or planned to
<br />e 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 />he provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories,
<br />r to any agreement for utility services the rates for which are fixed or controlled by a governmental agency.
<br />2.07 Interest of Members of or Delegate to, Congress: No member of or delegate to the Congress of the United
<br />tates shall be admitted to any share or part of the Agreement or any benefit arising therefrom.
<br />3.00 Miscellaneous Provisions:
<br />3.01 Environmental Regulations: The Agency will be solely responsible for compliance with all applicable
<br />nvironmental regulations and for any liability arising from non-compliance with these regulations and will reimburse the
<br />epartment for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable
<br />ermits.
<br />3.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any
<br />arty other than the Agency.
<br />3.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the
<br />_- of _ breach of v t It which
<br />;envy constitute or be construed as a waiver by the Department any Ui cilia i covenant or any default may
<br />en exist on the part of the Agency and the making of such payment by the Department, while any such breach or default
<br />Tall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach
<br />default.
<br />3.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid,
<br />e remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform
<br />the terms and requirements of applicable law.
<br />3.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also,
<br />trees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing
<br />:reunder.
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