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525-010-40 CONSTRUCTION OGC - 11103 Page a of 12 12. 04 Public Entity Crime : A person or affiliate who has been placed on the convicted vendor list following a conviction 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 submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity ; and may not transact business with any public entity in excess of the threshold amount provided in Section 287 . 017 , Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12.05 Discrimination : In accordance with Section 287 . 134 , Florida Statutes , an entity or affiliate who has been placed on the Discriminatory Vendor List, maintained by the Florida Department of Management Services , may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity ; and may not transact business with any public entity . 12.06 Prohibited Interests : Neither the Agency nor any of its contractors or their subcontractors , shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project in which any member, officer, or employee of the Agency or the locality during his tenure , or for two years thereafter, has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired any such interest prior to the beginning of his tenure , and if such interest is immediately disclosed to the Agency , the Agency with prior approval of the Department may waive the prohibition contained in this subsection , provided , that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of it's subcontracts , the following provision: " No member, officer or employee of the Agency or of the locality during his tenure , or for two years thereafter, shall have any interest, direct or indirect, in this contract or the proceeds thereof. " The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories , or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency . 12. 07 Interest of Members of or Delegate to, Congress : No member of or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom . 13 .00 Miscellaneous Provisions : 13 .01 Environmental Regulations : The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable . permits . 13 .02 Department Not Obligated to Third Parties : The Department shall not be obligated or liable hereunder to any party other than the Agency . 13 . 03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 13 .04 How Agreement Is Affected by Provisions Being Held Invalid : If any provision of this Agreement is held invalid , the remainder of this Agreement shall not be affected . In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 13 . 05 Bonus or Commission : By execution of the Agreement, the Agency represents that it has not paid and , also, agrees not to pay , any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder.