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A TRUE COPY
<br />CtRTIPICATION ON LAST PAGE
<br />J.R. SMITH, CLERK
<br />STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-00
<br />LOCAL AGENCY PROGRAM AGREEMENT PROGRAM c o�Mv18
<br />Page 10 of 15
<br />d. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the
<br />Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid
<br />on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public
<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 />e. 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 />f. Neither the Recipient nor any of its contractors or their subcontractors shall enter into any contract,
<br />subcontract or arrangement in connection with the Project or any property included or planned to be
<br />included in the Project in which any member, officer or employee of the Recipient or the locality during
<br />tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member,
<br />officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest,
<br />and if such interest is immediately disclosed to the Recipient, the Recipient, with prior approval of the
<br />Department, may waive the prohibition contained in this paragraph provided that any such present member,
<br />officer or employee shall not participate in any action by the Recipient or the locality relating to such
<br />contract, subcontract or arrangement. The Recipient shall insert in all contracts entered into in connection
<br />with the Project or any property included or planned to be included in'any Project, and shall require its
<br />contractors to insert in each of their subcontracts, the following provision:
<br />"No member, officer or employee of the Recipient or of the locality during his tenure or for 2 years
<br />thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof."
<br />The provisions of this paragraph shall not be applicable to any agreement between the Recipient and its
<br />fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a
<br />governmental agency.
<br />g. No member or delegate to the Congress of the United States shall be admitted to any share or part of this
<br />Agreement or any benefit arising therefrom.
<br />15. Indemnification and Insurance:
<br />a. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the
<br />provisions of any part of this Agreement to create in the public or any member thereof, a third -party
<br />beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit
<br />for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The
<br />Recipient guarantees the payment of all just claims for materials, supplies, tools, or labor and other just
<br />claims against the Recipient or any subcontractor, in connection with this Agreement.
<br />b. To the extent provided by law, Recipient shall indemnify, defend, and hold harmless the Department against
<br />any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of
<br />Recipient, or any of its officers, agents, or employees, acting within the scope of their office or employment,
<br />in connection with the rights granted to or exercised by Recipient hereunder, to the extent and within the
<br />limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver
<br />of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be
<br />construed to constitute agreement by Recipient to indemnify the Department for the negligent acts or
<br />omissions of the Department, its officers, agents, or employees, or for the acts of third parties. Nothing
<br />herein shall be construed as consent by Recipient to be sued by third parties in any manner arising out of
<br />this Agreement. This indemnification shall survive the termination of this Agreement.
<br />c. Recipient agrees to include the following indemnification in all contracts with contractors, subcontractors,
<br />consultants, or subconsultants (each referred to as "Entity" for the purposes of the below indemnification)
<br />who perform work in connection with this Agreement:
<br />'To the extent provided by law, [ENTITY] shall indemnify, defend, and hold harmless the
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