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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION <br />LOCAL AGENCY PROGRAM AGREEMENT <br />525510-00 <br />SPECIFICATIONS AND <br />ESTIMATES <br />OGC— 12/14 <br />Page 9 <br />employees are treated during employment without regard to their race, age, religion, color, gender, 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, 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 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, 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 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 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 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 <br />on the Discriminatory Vendor List, kept 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 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 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, the <br />Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any <br />such present member, officer or employee shall not participate in any action by the Agency or the locality relating to 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 to <br />be included in any Project, and shall require its contractors to insert in each of their subcontracts, the following provision: <br />"No member, officer or employee of the Agency or of the locality during his tenure or for 2 years <br />thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." <br />The provisions of this paragraph 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 />