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2023-104
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Last modified
6/27/2023 1:22:16 PM
Creation date
6/27/2023 1:13:27 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/06/2023
Control Number
2023-104
Agenda Item Number
8.K.
Entity Name
Federal Department of Transportation (FDOT
Subject
State Highway System Project Funding Agreement for traffic monitoring
SystemTechnology update project
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION <br />STATE HIGHWAY SYSTEM <br />PROJECT FUNDING AGREEMENT <br />may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with <br />any public entity, and may not transact business with any public entity. <br />C. Certificates of Qualification. An entity or affiliate who has had its Department issued <br />certificate of qualification suspended, revoked, denied or have further been determined by the Department to be <br />a non -responsible contractor may not submit a bid or perform work for the construction or repair of a public <br />building or public work on a contract with the Agency. <br />d. Code of Conduct. The Agency has established, and will maintain, a written code or standard <br />of conduct applicable to its officers, employees, board members or agents, and those individuals' relatives, that <br />prohibits their involvement in the selection, award, or administration of any contract in connection with the <br />Project if they have a present or potential financial or other significant interest therein and prohibits the <br />acceptance of any gratuity, favor, or other thing of monetary value from any person interested or involved in <br />the performance of work on the Project. <br />e. Unauthorized Aliens. The Department shall consider the employment by the Agency of <br />unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Agency <br />knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. <br />E E -Verify. The Agency shall: <br />i. Utilize the U.S. Department of Homeland Security's E -Verify system to verify the <br />employment eligibility of all new employees hired by the Agency during the term of the Agreement; and <br />ii. Expressly require any contractors and subcontractors performing work or providing <br />services pursuant to the Agreement to likewise 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 contractor or <br />subcontractor during the Agreement term. <br />16. Indemnification and Insurance. <br />a. Indemnification. To the extent permitted by law and as limited by and pursuant to the <br />provisions of Section 768.28, Florida Statutes, the Agency shall indemnify and hold harmless the Department, <br />including the Department's officers and employees, from liabilities, damages, losses, and costs, including, but <br />not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional <br />wrongful misconduct of the Agency and persons employed or utilized by the Agency in the performance of this <br />Agreement. This 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 Agency's sovereign <br />immunity. <br />b. Agency Contracts. The Agency agrees to include the following indemnification clause in all <br />contracts with contractors, subcontractors, consultants, or subconsultants who perform work in connection with <br />this Agreement (modified to appropriately identify the parties): <br />"The Agency's contractor/consultant shall indemnify and hold harmless the Agency and the State of Florida, <br />Department of Transportation, including the Department's officers and employees, from liabilities, damages, <br />Page 11 of 29 <br />
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