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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040
<br />LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT
<br />OGC— 04/14
<br />Page 10
<br />12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not
<br />discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin,
<br />disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that
<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."
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