05/15/2002
MONROE COUNTY
AFFORDABLE HOUSING SERVICES
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT made and entered into this ~ay of If) ff Y , 2002, by
and between the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, Monroe
County, Florida, referred as the "CLIENT', and THE INNOVATIVE HOUSING INSTITUTE,
INC., with offices located at 9811 Connecticut Avenue, Kensington, Maryland 20895,
hereinafter referred to as the "CONSULTANT',
WHEREAS, the CLIENT has determined that it is necessary, expedient, and to the best
interest of the CLIENT to retain a CONSULTANT to render and perform consulting and
other professional services in connection with the providing technical assistance to Monroe
County and its municipalities in the area of affordable housing planning services.
WHEREAS, THE CLIENT desires to engage the CONSULTANT on a contract basis, for
work assignments, as per the authorization procedures hereinafter set forth,
NOW, THEREFORE, the parties hereto do mutually agree as follows:
SECTION 1. EMPLOYMENT OF THE CONSULTANT
The CLIENT hereby engages the CONSULTANT and the CONSULTANT agrees to
perform services hereinafter described.
SECTION 2. SCOPE OF SERVICES
The CONSULTANT shall do, perform and carry out in a professional and proper manner
certain duties as described under Scope of Services - Exhibit "A" - which is attached
hereto and made a part of this agreement. All work assignments beyond or in addition to
Exhibit "A" shall be authorized by written agreement in accordance with Section 7. The
CONSULTANT shall work under the general direction of the Affordable Housing Oversight
Committee in carrying out its duties under the Scope of Services.
SECTION 3. CLIENT'S RESPONSIBILITIES
The CLIENT shall complete the following in a timely manner so as not to delay the services
of the CONSULTANT:
3.1 Designate in writing a person with authority to act on the CLIENT's behalf on all
matters concerning the work assignment.
3,2 Assist the Affordable Housing Oversight Committee in furnishing to the
CONSULTANT all existing plans, studies, reports, and other available data pertinent
to the work, and obtain or provide additional reports and data as required by the
CONSULTANT. The CONSULTANT shall be entitled to use and rely upon such
information and services provided by the CLIENT or others in performing the
CONSULTANT's services.
3:3 Assist the Affordable Housing Oversight Committee in furnishing the consultant with
a list of major affordable housing stakeholders within Monroe County and the
municipalities representing various sectors of the population for the Consultant to
interview to obtain information regarding barriers to affordable housing, Arrange for
public hearing sites located within the upper, lower, and middle Keys for the purpose
of conducting hearings to obtain citizen input related to the creation and retention of
affordable housing stock.
3.4 Assist the Affordable Housing Oversight Committee by performing such other
functions as are indicated in Exhibit "A" that may include, but is not limited to,
scheduling meetings, work sessions, and hearings associated with the performance
of the CONSULTANT's work,
3.5 Coordinate with the Affordable Housing Oversight Committee in the determination of
future work tasks to be undertaken by the CONSULTANT and in the preparation of
Work Orders to authorize further work tasks.
SECTION 4. TIME OF COMPLETION
The services to be rendered by the CONSULTANT for each individual work order request
shall be commenced upon written notice from the CLIENT. The work shall be completed in
accordance with the schedule mutually agreed to by the CLIENT and CONSULTANT,
unless it is modified in a signed document, by the mutual consent of the CLIENT and
CONSULTANT.
SECTION 5, COMPENSATION
5.1 The maximum compensation available to the CONSULTANT under this agreement
is $92,750. The CLIENT agrees to pay the CONSULTANT on a lump sum basis for
each individual work order request or as may be mutually agreed by CLIENT and
CONSULTANT. Should there be any reimbursable expense request and should
there be any disagreement on these, any disagreement regarding which items are
reimbursable shall be submitted to the County Clerk for determination and whose
decision shall be final.
5.2 The hourly billing rates of the CONSULTANT, expected to include virtually all costs
including travel, used in calculating the compensation due are:
Position Rate
Senior Associate $125
Research Associate $90
5.3 Monroe County's performance and obligation under this agreement is contingent
upon an annual appropriation by the SOCC.
SECTION 6. PAYMENT TO CONSULTANT
6,1 CONSULTANT shall submit invoices and progress reports for services rendered on
each individual Work Order being performed by the CONSULTANT with the first
report due no later than June 14, 2002.
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The CLIENT shall make payments in response to CONSULTANT's invoices within forty-
five (45) days of the invoice date.
6.2 If the CLIENT fails to make any payment due to the CONSULTANT for services
and expenses within forty-five (45) days after the invoice dates, the
CONSULTANT may, after giving seven (7) days written notice to the CLIENT,
suspend services until the CONSULTANT has been paid in full all amounts due
for services.
SECTION 7 . AUTHORIZATION OF WORK ASSIGNMENTS
7.1 All work assignments beyond or in addition to EXHIBIT "An shall be authorized in
a signed document (Work Order) in accordance with the CLIENT's policy prior to
any work being conducted by the CONSULTANT.
7.2 Additional authorizations may contain additional instructions or provisions specific
to the authorized work for the purpose of clarifying certain aspects of this
Agreement pertinent to the work to be undertaken. Such supplemental instruction
or provisions shall not be construed as a modification of this Agreement.
Authorizations shall be dated and serially numbered starting with Work Order
Number 2,
SECTION 8. COST CONTROL
8.1 Opinions of probable construction cost, financial evaluations, and feasibility
studies prepared by the CONSULTANT under the Work Assignment shall be
made on the basis of the CONSULTANT's best judgment as an experienced and
qualified professional. It is recognized, however, that the CONSULTANT does not
have control over the cost of labor, material, equipment, or services furnished by
others over market conditions or contractor's methods of determining their prices,
and that any utilitarian evaluation of any facility to be constructed or work to be
performed on the basis of the Work Assignment must be of necessity speculative.
Accordingly, the CONSULTANT does not guarantee that proposals, bids, or
actual costs will not vary from opinions, evaluations, or studies submitted by the
CONSULTANT to the CLIENT thereunder.
SECTION 9. NOTICES
All notices, requests and authorizations provided for herein shall be in a signed
document and shall be delivered or mailed to the addresses as follows:
To the CLIENT:
Monroe County Board of County Commissioners
Monroe County Growth Management Division
2798 Overseas Highway, Suite 410
Marathon, Florida 33050
Attention: Timothy J. McGarry, AICP
To the CONSULTANT: The Innovative Housing Institute Inc.
9811 Connecticut Avenue
Kensington, Maryland 20895
Attention: Tom Doerr, Project Manager
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. or addressed to either party at such other addresses as such party shall hereinafter
furnish to the other party in writing. Each such notice, request, or authorization shall be
deemed to have been duly given when so delivered, or, if mailed, when deposited in the
mails, registered, postage paid,
SECTION 10. GENERAL CONDITIONS
10.1 All documents created or prepared by CONSULTANT and which are necessary
for the fulfillment of this agreement, including reproducible copies of original
drawings estimates, specifications, field notes, and data are and remain in the
property of the CLIENT. In the event the CLIENT uses said documents on any
projects not covered in this contract, it shall indemnify and save harmless
CONSULTANT from all damages, including legal fees and costs, resulting from
the reuse of said documents.
10.2 This Agreement may be terminated by either party with or without cause by thirty
(30) days written notice to the other party. In the event of any termination, the
CONSULTANT will be paid for all services rendered and reimbursable expenses
incurred to date of termination. The CLIENT will receive all work product
performed, in whatever manner, as of the date of termination.
10.3 The CLIENT and CONSULTANT each is hereby bound and the partners,
successors, executors, administrators, and legal representatives of the CLIENT
and CONSULTANT are hereby bound to the other party of this Agreement and to
the partners, successors, executors, administrators, and legal representative (and
said assigns) of such other party, in respect of all covenants, agreements, and
obligations of this agreement.
10.4 The CONSULTANT shall not assign, sublet or transfer any rights under or interest
in (including, but without limitations, moneys that may become due or moneys
that are due) this agreement or subsequent Work Assignment without the written
consent of the CLIENT, except to the extent that any assignment, subletting, or
transfer is mandated by law or the effect of this limitation may be restricted by
law. Unless specifically stated to the contrary in any written consent to any
assignment, no assignment will release or discharge the assignor from any duty
or responsibility under this agreement.
10.5 Nothing under this agreement shall be construed to give any rights or benefits in
this agreement to anyone other than the CLIENT and CONSULTANT, and all
duties and responsibilities undertaken pursuant to this agreement will be for the
sole and exclusive benefit of the CLIENT and CONSULTANT and not for the
benefit of any other party.
10.6 Nothing in this agreement should be read as modifying the applicable statue of
limitations. The waiver of the breach of any obligation of this agreement does not
waive another breach of that or any other obligation.
10,7 No member, officer, or employee of the CLIENT during his tenure or for two years
hereafter shall have any interest, direct or indirect, in this contract or the
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proceeds thereof. This aforegoing statement shall be inserted in any subcontract.
10.8 The CONSULTANT warrants that it has not employed, retained or otherwise had
act on its behalf any former County officer or employee subject to the prohibition
of Section 2 of Ordinance No. 010-1990 or any County officer or employee in
violation of Section 3 of Ordinance No, 020-1990. For breach or violation of this
provision the CLIENT may, in its discretion, terminate this agreement without
liability and may also, In its discretion, deduct from the agreement or purchase
price, or otherwise recover the full amount of any fee, commission, percentage,
gift, or consideration paid to the former County officer or employee.
10.9 This Agreement constitutes the entire agreement between CLIENT and
CONSULTANT and supersedes all prior written or oral understandings. This
agreement may only be amended, supplemented, modified, or canceled by a
written instrument duly executed by the Monroe County Board of County
Commissioners and the CONSULTANT, provided that the scope of services may
be modified by a written agreement executed by the County Administrator or his
designee and CONSULTANT, consistent with Section 10 of this agreement.
10.10 CONSULTANT warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the CONSULTANT to
solicit or secure this agreement and that he has not paid or agreed to pay any
person, company, corporation, individual, or firm, other than a bona fide
employee working solely for the CONSULTANT any fee, commission,
percentage, gift, or any other consideration contingent upon or resulting from the
award or making of this agreement.
10.11 In the carrying out of this agreement, the CONSULTANT will not discriminate
against any employee or applicant for employment because of sex, race, creed,
color or national origin. In carrying out this agreement, the CONSULTANT will
take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their sex, race,
creed, color, or national origin, Such action shall include but not be limited to, the
following: Upgrading, demotion or transfer; recruitment or recruitment advertising;
layoff of termination; rates of any or other forms of compensation; and selection
for training, including apprenticeship. The CONSULTANT agrees to post in
conspicuous places, available to employees and applicants for employment, such
notices as may be provided by the CLIENT setting forth the provisions of this
non-discrimination clause.
10.12 The CONSULTANT is bound by all applicable Florida and federal laws and
regulations.
10.13 This agreement shall be governed by the Laws of the State of Florida. Venue for
any litigation arising under this agreement must be in Monroe County, Florida.
SECTION 11. INDEMNIFICATION
The CONSULTANT does hereby consent and agree to indemnify and hold harmless the
Florida Department of Community Affairs, the County, its Mayor, the Board of County
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Commissioners, appointed Boards and Commissions, Officers, and the Employees, and
any other agents, individually and collectively, from all fines, suits, claims, demands,
actions, costs, obligations, attorneys fees, or liability of any kind arising out of the sole
negligent actions of the CONSULTANT or substantial and unnecessary delay caused by
the willful nonperformance of the CONSULTANT and shall be solely responsible and
answerable for any and all accidents or injuries to persons or property arising out of its
performance of this contract. The amount and type of insurance coverage requirements
set forth hereunder shall in no way be construed as limiting the scope of indemnity set
forth in this paragraph. The CLIENT does hereby covenant and agree to indemnify and
save harmless the CONSULTANT from any fines, suits, claims, demands, actions, costs
obligations, attorney fees, or liability of any kind resulting from a negligent act or
omission by the County, it's Mayor, the Board of County Commissioners, appointed
Boards and Commissions, Officers, and Employees, individually and collectively under
the provisions and up to the limits of liability as stated in section 768.28 F ,S. Further the
CONSULTANT agrees to defend and pay all legal costs attendant to acts attributable to
the sole negligent act of the CONSULTANT.
At all times and for all purposes hereunder, the CONSULTANT is an independent
contractor and not an employee of the Board of County Commissioners, No statement
contained in this agreement shall be construed so as to find the CONSULTANT or any
of his/her employees, contractors, servants or agents to be employees of the Board of
County Commissioners for Monroe County, As an independent contractor the
CONSULTANT shall provide independent, professional judgment and comply with all
federal, state, and local statutes, ordinances, rules and regulations applicable to the
services to be provided.
The CONSULTANT shall be responsible for the completeness and accuracy of its work,
plan, supporting data, and other documents prepared or compiled under its obligation for
this project, and shall correct at its expense all significant errors or omissions therein
which may be disclosed. The cost of the work necessary to correct those errors
attributable to the CONSULTANT and any damage incurred by the CLIENT as a result
of additional costs caused by such errors shall be chargeable to the CONSULTANT.
This provision shall not apply to any maps, official records, contracts, or other data that
may be provided by the County or other public or semi-public agencies.
The CONSULTANT agrees that no charges or claims for damages shall be made by it
for any delays or hindrances attributable to the CLIENT during the progress of any
portion of the services specified in this contract. Such delays or hindrances, if any, shall
be compensated for by the County by an extension of time for a reasonable period for
the CONSULTANT to complete the work schedule. Such an agreement shall be made
between the parties.
SECTION 12. INSURANCE POLICIES
The CONSULTANT shall procure and maintain the insurance required in Exhibit "B".
Exhibit "B" is attached and made a part of this agreement.
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IN WITNE~HEREOF, the parties hereto have caused these presents to be executed
on the IS, day of ~ 2002.
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B eputy Clerk
(CORPORATE SEAL)
ATTEST:
By:
Assistant Secretary
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Mayor/Chairman
By
THE INNOVATIVE HOUSING INSTITUTE, INC.
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EXHIBIT "A"
SCOPE OF SERVICES
A. Work Order No, 1: Reconnaissance/Orientation and Initial
Technical Assistance.
The following are the work tasks authorized for this initial work order including
level of compensation and the deliverable to be produced to complete the work
task:
1. Obtain and review all relevant documents, laws, policies and regulations
pertaining to the creation, allocation, pooling and transfer of Affordable
ROGO units and Nutrient Reduction Credits between unincorporated
Monroe County and its municipalities.
2. From a list provided by the Oversight committee, contact at least fifteen
major affordable housing stakeholders within Monroe County and the
municipalities, including land use and health department officials,
developers, staff and/or board members from sewer and water authorities,
the land authority, environmental and community groups, the public
housing authority, as well as public service worker groups, and others
recommended by the Housing Oversight committee. Conduct one-on-one,
face-to-face or telephone interviews with the stakeholders. The purpose of
those interviews will be to understand each stakeholder's particular
perspective, including their perspective on the transfer of Affordable ROGO
units and Nutrient Reduction Credits and other barriers to developing
affordable housing, and how they might help in bringing projects to the
permit stage,
Deliverable: A written summary of interviews with each stakeholder.
3, Identify and contact other comparable localities throughout he country that
have programs for pooling and transferring development credits among
sub-areas of the locality or region to obtain information on what works and
does not work in those localities.
Deliverable: A written report of contacts and lessons learned.
4. Review and update all sites identified by local government staffs for
possible use for affordable housing. Sites shall be of suitable density and
not eligible to receive negative points had the site been evaluated under
the ROGO ranking system, Local government staff will provide property
records with current ownership and assessed value. Review other sites
and land use districts recommended by the Oversight Committee that
seem likely to yield affordable units, especially underutilized commercial
sites.
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Deliverable: Data base that catalogues sites in Monroe County that are
currently suitable for affordable housing, and which can be updated by the
Affordable Housing Oversight Committee or others as appropriate.
5, Conduct three (3) public hearings (one in the Upper, Lower, and Middle
Keys areas) to obtain citizen input and suggestions relating to the creation
and retention of affordable housing.
Deliverables: PowerPoint and/or other presentation materials to be used
at the public hearings and a written summary of issues identified at the
hearings.
All deliverables are to be completed and submitted to the Growth Management
Division along with five (5) copies to the Affordable Housing Oversight Committee
by no later than June 14, 2002. The total compensation for completion of these
work tasks and provision of satisfactory deliverables is $18,000,
B. Additional Work Tasks
Other work tasks that may be authorized under this agreement through execution
of additional work orders include, but are not necessarily limited to the following:
recommending specific changes in city and county ordinances and policies that impede
affordable housing development; providing strategies for long term affordability of units
produce under affordable housing programs; providing specific recommendations on
preservation and conservation of existing affordable housing stock, particularly within
mobile home parks; providing recommendations as to additional tools or funding that
may be required to make projects feasible; and assisting other developers to identify
projects and advance these projects through the local government approval process.
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EXHIBIT "B"
RISK MANAGEMENT
POUCYANDPROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
for
Other Contractors and Subcontractors
As a pre-requisite of the work governed, or the goods supplied under this contract
(including the pre-staging of personnel and material), the Contractor shall obtain, at
his/her own expense, insurance as specified in any attached schedules, which are made
part of this contract. The Contractor will ensure that the insurance obtained will extend
protection to all Subcontractors engaged by the Contractor. As an alternative, the
Contractor may require all Subcontractors to obtain insurance consistent with the
attached schedules.
The Contractor will not be permitted to commence work governed by this contract
(including pre-staging of personnel and material) until satisfactory evidence of the
required insurance has been furnished to the County as specified below, Delays in the
commencement of work, resulting from the failure of the Contractor to provide
satisfactory evidence of the required insurance, shall not extend deadlines specified in
this contract and any penalties and failure to perform assessments shall be imposed as
if the work commenced on the specified date and time, except for the Contractor's failure
to provide satisfactory evidence.
The Contractor shall maintain the required insurance throughout the entire term of this
contract and any extensions specified in the attached schedules. Failure to comply with
this provision may result in the immediate suspension of all work until the required
insurance has been reinstated or replaced. Delays in the completion of work resulting
from the failure of the Contractor to maintain the required insurance shall not extend
deadlines specified in this contract and any penalties and failure to perform assessments
shall be imposed as if the work had not been suspended, except for the Contractor's
failure to maintain the required insurance.
The Contractor shall provide, to the County, as satisfactory evidence of the required
insurance, either:
. Certificate of Insurance
Or
. A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this contract.
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All insurance policies must specify that they are not subject to cancellation, non-renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior
notification is given to the County by the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as
relieving the Contractor from any liability or obligation assumed under this contract or
imposed by law. The Monroe County Board of County Commissioners, its employees and
officials will be included as "Additional Insured" on all policies, except for Workers'
Compensation.
Any deviations from this General Insurance Requirements must be requested in writing on
the County prepared form entitled "Request for Waiver of Insurance Requirements" and
approved by Monroe County Risk Management.
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INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
THE INNOVATIVE HOUSING INSTITUTE, INC,
Prior to the commencement of work governed by this contract, the Contractor shall
obtain General Liability Insurance. Coverage shall be maintained throughout the life of
the contract and include, as a minimum:
. Premises Operations
. Bodily Injury Liability
. Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$500,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$250,000 per Person
$500,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred, If coverage is provided on a Claims Made
policy, its provisions should include coverage for claims filed on or after the effective
date of this contract. In addition, the period for which claims may be reported should
extend for a minimum of twelve (12) months following the acceptance of work by the
County,
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
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VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
THE INNOVATIVE HOUSING INSTITUTE, INC.
Recognizing that the work governed by this contract requires the use of vehicles, the
Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a
minimum, liability coverage for:
. Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured
on all policies issued to satisfy the above requirements.
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WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
THE INNOVATIVE HOUSING INSTITUTE, INC,
Prior to the commencement of work governed by this contract, the Contractor shall
obtain Workers' Compensation Insurance with limits sufficient to respond to the
applicable state statues.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not
less than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business
in the state of Maryland.
If the Contractor has been approved by the Florida's Department of Labor, as an
authorized self-insurer, the County shall recognize and honor the Contractor's status.
The Contractor may be required to submit a Letter of Authorization issued by the
Department of Labor and a Certificate of Insurance, providing details on the
Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be
required. In addition, the Contractor may be required to submit updated financial
statements from the fund upon request from the County.
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PROFESSIONAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
THE INNOVATIVE HOUSING INSTITUTE, INC.
Recognizing that the work governed by this contract involves the furnishing of
advice or services of a professional nature, the Contractor shall purchase and
maintain, throughout the life of the contract, Professional Liability Insurance, which
will respond to damages resulting from any claim arising out of the performance of
professional services or any error or omission of the Contractor arising out of the
work governed by this contract.
The minimum limits of liability shall be:
$500,000 per occurrencel$1,OOO,OOO Aggregate
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PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a
conviction for 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 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, for CATEGORY
TWO for a period of 36 months from the date of being placed on the convicted
vendor list."
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