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expressly waives such secondary liability.The Department may assign the Agreement with prior written notice to the
<br /> Grantee of its intent to do so.
<br /> 37. Prohibited Local Government Construction Preferences.
<br /> Pursuant to Section 255.0991,F.S.,for a competitive solicitation for construction services in which 50 percent(50%)
<br /> or more of the cost will be paid from state-appropriated funds that have been appropriated at the time of the competitive
<br /> solicitation,a state college,county,municipality,school district,or other political subdivision of the state may not use
<br /> a local ordinance or regulation that provides a preference based upon:
<br /> i. The contractor's maintaining an office or place of business within a particular local jurisdiction;
<br /> ii. The contractor's hiring employees or subcontractors from within a particular local jurisdiction;or
<br /> iii. The contractor's prior payment of local taxes, assessments, or duties within a particular local
<br /> jurisdiction.
<br /> For any competitive solicitation that meets the criteria of this section, a state college, county, municipality, school
<br /> district,or other political subdivision of the state shall disclose in the solicitation document that any applicable local
<br /> ordinance or regulation does not include any preference that is prohibited by this section.
<br /> 38. Prohibited Governmental Actions for Public Works Projects.
<br /> Pursuant to Section 255.0992, F.S., state and political subdivisions that contract for public works projects are
<br /> prohibited from imposing restrictive conditions on certain contractors, subcontractors, or material suppliers and
<br /> prohibited from restricting qualified bidders from submitting bids.
<br /> a. "Political subdivision" means separate agency or unit of local government created or established by law or
<br /> ordinance and the officers thereof. The term includes, but is not limited to, a county; a city, town, or other
<br /> municipality;or a department,commission,authority,school district,taxing district,water management district,
<br /> board,public corporation, institution of higher education,or other public agency or body thereof authorized to
<br /> expend public funds for construction,maintenance,repair or improvement of public works.
<br /> b. "Public works project"means an activity of which fifty percent(50%)or more of the cost will be paid from state-
<br /> appropriated funds that were appropriated at the time of the competitive solicitation and which consists of
<br /> construction,maintenance,repair,renovation,remodeling or improvement of a building,road,street,sewer,storm
<br /> drain,water system,site development,irrigation system,reclamation project,gas or electrical distribution system,
<br /> gas or electrical substation,or other facility,project, or portion thereof that is owned in whole or in part by any
<br /> political subdivision.
<br /> c. Except as required by federal or state law,the state or political subdivision that contracts for a public works project
<br /> may not require that a contractor,subcontractor or material supplier or carrier engaged in such project:
<br /> i. Pay employees a predetermined amount of wages or prescribe any wage rate;
<br /> ii. Provide employees a specified type,amount,or rate of employee benefits;
<br /> iii. Control,limit,or expand staffing;or
<br /> iv. Recruit,train,or hire employees from designated,restricted,or single source.
<br /> d. For any competitive solicitation that meets the criteria of this section, the state or political subdivision that
<br /> contracts for a public works project may not prohibit any contractor,subcontractor,or material supplier or carrier
<br /> able to perform such work who is qualified,licensed,or certified as required by state law to perform such work
<br /> from submitting a bid on the public works project, except for those vendors listed under Section 287.133 and
<br /> Section 287.134,F.S.
<br /> e. Contracts executed under Chapter 337,F.S.are exempt from these prohibitions.
<br /> 39. Execution in Counterparts and Authority to Sign.
<br /> This Agreement,any amendments,and/or change orders related to the Agreement,may be executed in counterparts,
<br /> each of which shall be an original and all of which shall constitute the same instrument. In accordance with the
<br /> Electronic Signature Act of 1996,electronic signatures,including facsimile transmissions,may be used and shall have
<br /> the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly
<br /> authorized to do so and to bind the respective party to the Agreement.
<br /> Attachment 1
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<br /> Rev.7/28/2017
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