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05/08/2018
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05/08/2018
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Last modified
1/11/2021 3:39:24 PM
Creation date
6/12/2018 2:40:07 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
05/08/2018
Meeting Body
Board of County Commissioners
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 <br />STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT <br />01/18 <br />entity for the construction or repair of a public building or public work; may not submit bids on leases of real <br />property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or <br />consultant under a contract with any public entity; and may not transact business with any public entity. <br />c. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further <br />been determined by the Department to be a non -responsible contractor may not submit a bid or perform <br />work for the construction or repair of a public building or public work on a contract with the Recipient. <br />d. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial <br />branch, or any state agency, in accordance with Section 216.347, Florida Statutes. <br />e. The Department shall consider the employment by any contractor of unauthorized aliens a violation of <br />Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized <br />aliens, such violation will be cause for unilateral cancellation of this Agreement. <br />f. The Recipient shall: <br />i. Utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment <br />eligibility of all new employees hired by the Recipient during the term of the contract; and <br />ii. Expressly require any subcontractors performing work or providing services pursuant to the <br />state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to <br />verify the employment eligibility of all new employees hired by the subcontractor during the contract <br />term. <br />g. The Recipient shall comply and require its contractors and subcontractors to comply with all terms and <br />conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. <br />14. Indemnification and Insurance: <br />a. It is not intended by any of the provisions of any part of this 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 to this Agreement <br />to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this <br />Agreement. The Recipient guaranties the payment of all just claims for materials, supplies, tools, or labor <br />and other just claims against the Recipient or any subcontractor, in connection with this Agreement. <br />Additionally, to the extent permitted by law and as limited by and pursuant to the provisions of Section <br />768.28, Florida Statutes, the Recipient agrees to indemnify and hold harmless the Department , including <br />the Department's officers and employees, from liabilities, damages, losses and costs, including, but not <br />limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional <br />wrongful misconduct of the Recipient and persons employed or utilized by the Recipient in the performance <br />of this Agreement. 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 and the Recipient's <br />sovereign immunity. Additionally, the Recipient agrees to include the following indemnification in all <br />contracts with contractors/subcontractors and consultants/subconsultants who perform work in connection <br />with this Agreement: <br />"To the fullest extent permitted by law, the Recipient's contractor/consultant shall indemnify and hold <br />harmless the Recipient and the State of Florida, Department of Transportation, including the Department's <br />officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable <br />attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of <br />the contractor or consultant and persons employed or utilized by the contractor or consultant in the <br />performance of this Agreement. <br />This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph <br />is intended to nor shall it constitute a waiver of the State of Florida or the Recipient's sovereign immunity." <br />Page 10 of 14 22 <br />
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