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40 <br />i• <br />CJ <br />roRii sasotaw <br />CONSTRUCTION <br />OOC - tP�98 <br />Pape 7 of 10 <br />on icases of real 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 riot transact business with any public entity in excess of the threshold <br />amount provided in s.287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted <br />vendor list." <br />11,06 Prohibited Interests: Neither the Agency 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 included in the project, <br />in which any member, officer, or employee of the Agency. or the locality during his tenure or for two years thereafter has any <br />interest, direct or indirect. if any such present or former member, officer, or employee involuntarily acquires or had acquired <br />prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency <br />with prior approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such present <br />member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract,. <br />subcontract, or arrangement. <br />The Agency shall insert in a contracts entered into in connection with the project or any property included or planned to be <br />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 two years thereafter shall have any <br />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, or <br />to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. <br />11.07 Interest of Members or, or Delegates to, Congress: No member or delegate to the Congress of the United. States shall <br />be admitted to any share or part of the Agreement or any benefit arising therefrom, <br />12.00 Miscellaneous Provisions: <br />12.01 Environmental Pollution: The Agency will be solely responsible for compliance with all applicable environmental <br />regulations and for any liability arising from non-compliance with these regulations and will reimburse the Department for any <br />loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. <br />12-02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party <br />other than the Agency. <br />12-03 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 then <br />exist, on the part of the Agency, and the making of such payment by the Department while any such breach or <br />default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such <br />breach or default. <br />12-04 flaw Agreement Is Affected by Provisions Being field 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 to <br />the terms and requirements of applicable law. <br />12-05 Bonus or Commissions By execution of the Agreement the Agency represents that it has not paid and, also, agrees not <br />to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. <br />12.06 'State law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any prevision <br />thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the <br />Exhibit I1-2-1 Local Agency Program Agreement <br />2-2-9 <br />