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2022-122
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2022-122
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Last modified
8/11/2022 10:33:28 AM
Creation date
7/8/2022 3:29:21 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/21/2022
Control Number
2022-122
Agenda Item Number
13.A.
Entity Name
Brightline Trains Florida, LLC
Subject
Brightline Subrecipient Agreement for FDOT Local Transportation Project Funding
Document Relationships
2022-121
(Agenda)
Path:
\Official Documents\2020's\2022
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subcontractor, or consultant under a contract with any public entity, and may not transact business <br />with any public entity in excess of the threshold amount provided in Section 287.017, Florida <br />Statutes, for CATEGORY TWO for a period of thirty six (36) months from the date of being placed <br />on the convicted vendor list. The County agrees that it shall not violate Section 287.133(2)(a), <br />Florida Statutes, and further acknowledges and agrees that any conviction during the term of this <br />Agreement may result in the termination of this Agreement. <br />26. The County will not discriminate against any employee employed in the <br />performance of this Agreement, or against any applicant for employment because of age, ethnicity, <br />race, religious belief, disability, national origin, or sex. The County shall provide a harassment - <br />free workplace, with any allegation of harassment given priority attention and action by <br />management. The County shall insert similar provisions in all contracts for services to be provided <br />to the County under this Agreement. <br />27. It is not intended by any of the provisions of any part of this Agreement to create <br />in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize <br />anyone not a party to this Agreement to maintain a suit for personal injuries or property damage <br />pursuant to the terms or provisions of this Agreement. The County guaranties the payment of all <br />just claims for materials, supplies, tools, or labor and other just claims against the County in <br />connection with this Agreement. Additionally, to the extent permitted by law and as limited by <br />and pursuant to the provisions of Section 768.28, Florida Statutes, the County agrees to indemnify <br />and hold harmless the Department , including the Department's officers and employees, from <br />liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to <br />the extent caused by the negligence, recklessness or intentional wrongful misconduct of the County <br />or persons employed or utilized by the County in the performance of this Agreement. This <br />indemnification shall survive the termination of this Agreement. Nothing contained in this <br />paragraph is intended to nor shall it constitute a waiver of the State of Florida and the County's <br />sovereign immunity. Additionally, the County agrees to include the following indemnification in <br />all contracts it enters into for the performance of work in connection with this Agreement: <br />"To the fullest extent permitted by law, [the County's <br />subrecipient/contractor/consultant] shall indemnify and hold harmless the County and the State of <br />Florida, Department of Transportation, including the Department's officers and employees, from <br />liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to <br />the extent caused by the negligence, recklessness or intentional wrongful misconduct of the <br />[subrecipient/contractor/consultant] and persons employed or utilized by the <br />[subrecipient/contractor/consultant] in the performance of this Agreement. <br />28, The Department and the County acknowledge and agree to the following: <br />a. The County shall utilize the U.S. Department of Homeland Security's E - <br />Verify system to verify the employment eligibility of all new employees hired by the <br />County during the term of the contract; and <br />b. The County shall expressly require any contractors and subcontractors <br />performing work or providing services pursuant to the state contract to likewise utilize the <br />I0 <br />
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