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2023-091
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525-010-40 <br />STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROGRAM MANAGEMENT <br />LOCAL AGENCY PROGRAM AGREEMENT OGc/OOc-09/22 <br />Page 10 of 15 <br />with consultants and contractors performing work on the Project that ensure compliance with Title VI of the <br />Civil Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations. <br />b. The Recipient will comply with all the requirements as imposed by the ADA, the regulations of the Federal <br />Government issued thereunder, and assurance by the Recipient pursuant thereto. <br />A person or affiliate who has been placed on the convicted vendor list following a conviction for a public <br />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 <br />work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work <br />as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not <br />transact business with any public entity in excess of the threshold amount provided in Section 287.017, <br />Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the <br />convicted vendor list. <br />d. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the <br />Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid <br />on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public <br />entity for the construction or repair of a public building or public work; may not submit bids on leases of real <br />property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or <br />consultant under a contract with any public entity; and may not transact business with any public entity. <br />e. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further <br />been determined by the Department to be a non -responsible contractor may not submit a bid or perform <br />work for the construction or repair of a public building or public work on a contract with the Recipient. <br />Neither the Recipient nor any of its contractors or their subcontractors shall enter into any contract, <br />subcontract or arrangement in connection with the Project or any property included or planned to be <br />included in the Project in which any member, officer or employee of the Recipient or the locality during <br />tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member, <br />officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, <br />and if such interest is immediately disclosed to the Recipient, the Recipient, with prior approval of the <br />Department, may waive the prohibition contained in this paragraph provided that any such present member, <br />officer or employee shall not participate in any action by the Recipient or the locality relating to such <br />contract, subcontract or arrangement. The Recipient shall insert in all contracts entered into in connection <br />with the Project or any property included or planned to be included in any Project, and shall require its <br />contractors to insert in each of their subcontracts, the following provision: <br />"No member, officer or employee of the Recipient 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 Recipient and its <br />fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a <br />governmental agency. <br />g. No member or delegate to the Congress of the United States shall be admitted to any share or part of this <br />Agreement or any benefit arising therefrom. <br />15. Indemnification and Insurance: <br />a. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the <br />provisions of any part of this Agreement to create in the public or any member thereof, a third -party <br />beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit <br />for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The <br />Recipient guarantees the payment of all just claims for materials, supplies, tools, or labor and other just <br />claims against the Recipient or any subcontractor, in connection with this Agreement. <br />
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