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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 carver
<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
<br />12 of 12
<br />Rev. 7/28/2017
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