STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
<br /> LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE
<br /> 03/07
<br /> Page 9
<br /> require its contractors and subcontractors to comply with , all requirements imposed by applicable federal , state , and
<br />local
<br /> laws and regulations , including the " Certification Regarding Debarment , Suspension , Ineligibility and Voluntary Exclusion
<br /> — Lower Tier Covered Transactions , " in 49 C . F . R . Part 29 , when applicable .
<br /> 12 . 00 Restrictions , Prohibitions , Controls , and Labor Provisions :
<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
<br />origin ,
<br /> disability or marital status . The Agency will take affirmative action to ensure that applicants are employed
<br /> and that
<br /> employees are treated during employment without regard to their race , age , religion , color , gender , national
<br /> 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 ;
<br /> 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
<br /> 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
<br /> VI of the
<br /> Civil Rights Act of 1964 , the regulations of the U . S . Department of Transportation issued thereunder , and the
<br /> assurance
<br /> by the Agency pursuant thereto .
<br /> The Agency shall include provisions in all contracts with third parties that ensure compliance with Title
<br /> 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
<br /> entity; may not
<br /> submit a bid on a contract with a public entity for the construction or repair of a public building or
<br /> 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
<br /> contractor , supplier,
<br /> subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity
<br /> in
<br /> excess of the threshold amount provided in Section 287 . 017 , Florida Statutes , for CATEGORY TWO for a period
<br /> 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
<br /> been placed
<br /> on the Discriminatory Vendor List, kept by the Florida Department of Management Services , may not submit a
<br />bid on a
<br /> contract to provide goods or services to a public entity; may not submit a bid on a contract with
<br /> 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
<br /> a public entity ;
<br /> may not be awarded or perform work as a contractor , supplier, subcontractor or consultant under a
<br /> 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
<br /> 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
<br /> enter into any
<br /> contract , subcontract or arrangement in connection with the project or any property included or planned to be included
<br /> in
<br /> the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years
<br /> thereafter
<br /> has any interest , direct or indirect . If any such present or former member , officer or employee involuntarily acquires
<br />or had
<br /> acquired prior to the beginning of tenure any such interest , and if such interest is immediately disclosed to the Agency ,
<br /> the
<br /> Agency, with prior approval of the Department , may waive the prohibition contained in this paragraph provided that
<br /> any
<br /> such present member , officer or employee shall not participate in any action by the Agency or the locality relating
<br />to such
<br /> contract , subcontract or arrangement .
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