|
Florida Statutes:
<br />334.044(7)
<br />850-035-01
<br />PAVEMENT MANAGEMENT
<br />OGC — 02/15
<br />Page 10 of 22
<br />15. The Recipient will not discriminate against any employee employed in the performance of this
<br />Agreement, or against any applicant for employment because of age, ethnicity, race, religious
<br />belief, disability, national origin, or sex. The Recipient shall provide a harassment -free
<br />workplace, with any allegation of harassment given priority attention and action by
<br />management. The Recipient shall insert similar provisions in all contracts and subcontracts for
<br />services by this Agreement. The Recipient affirms that it is aware of the provisions of Section
<br />287.134(2)(a), Florida Statutes. An entity or affiliate who has been placed on the discriminatory
<br />vendor list may not submit a bid on'a contract to provide any goods or services to a public entity;
<br />may not submit a bid on a contract with a public entity for the construction or repair of a public
<br />building or public work; may not submit bids on leases of real property to a public entity; may
<br />not be awarded or perform work as a contract, supplier, subcontractor, or consultant under a
<br />contract with any public entity; and may not transact business with any public Recipient. The
<br />Recipient further agrees that it shall not violate Section 287.134(2)(a), Florida Statutes, and
<br />acknowledges and agrees that placement on the list during the term of this Agreement may
<br />result in the termination of this Agreement.
<br />16. It is specifically agreed between the parties executing this Agreement that it is not intended
<br />by any of the provisions of any part of the Agreement to create in the public or any member
<br />thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party
<br />to this Agreement to maintain a suit for personal injuries or property damage pursuant to
<br />the terms or provisions of this Agreement. The Recipient guaranties the payment of all just
<br />claims for materials, supplies, tools, or labor and other just claims against the Recipient or
<br />any subcontractor, in connection with this Agreement. Additionally, the Recipient agrees to
<br />include the following indemnification in all contracts with contractors/ subcontractors, or
<br />consultants/sub consultants who perform work in connection with this Agreement
<br />'To the fullest extent permitted by law the Recipient's contractor shall indemnify and
<br />hold harmless the Recipient, the State of Florida, Department of Transportation, and
<br />its officers and employees, from liabilities, damages, losses and costs, including, but
<br />not limited to, reasonable attorneys fees, to the extent caused by the negligence,
<br />recklessness or intentional wrongful misconduct of contractor and persons employed
<br />or utilized by contractor in the performance of this Contract.
<br />This indemnification shall survive the termination of this Agreement. Nothing contained
<br />in this paragraph is intended to nor shall it constitute a waiver of the State of Florida
<br />and the Recipient's sovereign immunity.
<br />To the fullest extent permitted by law, the Recipient's consultant shall indemnify and
<br />hold harmless the Recipient, the State of Florida, Department of Transportation, and
<br />its officers and employees from liabilities, damages, losses, and costs, including, but
<br />not limited to, reasonable attomey fees to the extent caused, in whole or in part, by
<br />the professional negligence, error or omission, recklessness, or intentional wrongful
<br />
|