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<br /> STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AGEMENT
<br /> PROGRAM MANAGEMENT
<br /> LOCAL AGENCY PROGRAM AGREEMENT OGD/00C-12/18
<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 anyof its officers,agents, or employees, within the 9acting 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 immunitybeyond the limits set forth in Florida Statutes, Section 7 8
<br /> Y6 .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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