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2023-184
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2023-184
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Last modified
10/5/2023 12:53:25 PM
Creation date
10/5/2023 12:52:21 PM
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/29/2023
Control Number
2023-184
Agenda Item Number
8.Y.
Entity Name
State of Florida Department of Transportation (FDOT)
Subject
Public Transportation Grant Agreement for Intercounty Bus Service
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000.01 <br />PUBLIC TRANSPORTATION STRATEGIC <br />DEVELOPMENT <br />GRANT AGREEMENT OGcan5/2023 <br />d. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement <br />may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in <br />accordance with Section 216.347, Florida Statutes. <br />e. Unauthorized Aliens. The Department shall consider the employment by any contractor of <br />unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If <br />the contractor knowingly employs unauthorized aliens, such violation will be cause for <br />unilateral cancellation of this Agreement. <br />f. Procurement of Construction Services. If the Project is procured pursuant to Chapter 255, <br />Florida Statutes, for construction services and at the time of the competitive solicitation for the <br />Project, 50 percent or more of the cost of the Project is to be paid from state -appropriated <br />funds, then the Agency must comply with the requirements of Section 255.0991, Florida <br />Statutes. <br />g. 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 <br />contract; and <br />ii. Expressly require any subcontractors performing work or providing services pursuant <br />to the state contract 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 <br />subcontractor during the contract term. <br />h. Executive Order 20-44. Pursuant to Governor's Executive Order 20-44, if the Agency is <br />required by the Internal Revenue Code to file IRS Form 990 and is named in statute with which <br />the Department must form a sole -source, public-private agreement; or through contract or <br />other agreement with the State, annually receives 50% or more of its budget from the State or <br />from a combination of State and Federal funds, Recipient shall submit an Annual Report to <br />the Department, including the most recent IRS Form 990, detailing the total compensation for <br />each member of the Agency executive leadership team. Total compensation shall include <br />salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, <br />deferred compensation, real -property gifts, and any other payout. The Agency shall inform the <br />Department of any changes in total executive compensation during the period between the <br />filing of Annual Reports within 60 days of any change taking effect. All compensation reports <br />shall detail the percentage of executive leadership compensation received directly from all <br />State and/or Federal allocations to the Agency. Annual Reports shall be in the form approved <br />by the Department and shall be submitted to the Department at fdotsingleaudit@dot.state.fl.us <br />within 180 days following the end of each tax year of the Agency receiving Department funding. <br />L Design Services and Construction Engineering and Inspection Services. If the Project <br />is wholly or partially funded by the Department and administered by a local governmental <br />entity, except for a seaport listed in Section 311.09, Florida Statutes, or an airport as defined <br />in Section 332.004, Florida Statutes, the entity performing design and construction <br />engineering and inspection services may not be the same entity. <br />18. Indemnification and Insurance: <br />a. It is specifically agreed between the Parties executing this Agreement that it is not intended <br />by any of the provisions of any part of this Agreement to create in the public or any member <br />thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to <br />this Agreement to maintain a suit for personal injuries or property damage pursuant to the <br />terms or provisions of this Agreement. The Agency guarantees the payment of all just claims <br />for materials, supplies, tools, or labor and other just claims against the Agency or any <br />Page 13 of 22 <br />
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