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DocuSign Envelope ID: 21316A1F0-989041332-13498-9507F2BA4366
<br />STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 625-01060
<br />STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT
<br />10/2020
<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 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
<br />[RECIPIENT] and the State of Florida, Department of Transportation, including the Department's
<br />officers, agents, and employees, against any actions, claims, or damages arising out of, relating
<br />to, or resulting from negligent or wrongful act(s) of [ENTITY], or any of its officers, agents, or
<br />employees, acting within the scope of their office or employment, in connection with the rights
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