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375-020-52 <br />MAINTENANCE <br />OGC — 02/21 <br />Page 5 of 8 <br />By signing this agreement the Maintaining Agency certifies that it is not: (1) listed on the Scrutinized <br />Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S., (2) engaged in a boycott <br />of Israel, (3) or listed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized <br />Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, <br />Florida Statutes. For contracts involving $1,000,000 or more, if the Department determines the Maintaining <br />Agency submitted a false certification under Section 287.135(5) of the Florida Statutes regarding the <br />Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran <br />Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes, or for contracts <br />involving any amount, if the Maintaining Agency has been placed on the Scrutinized Companies that <br />Boycott Israel List, or is engaged in a boycott of Israel, the Department shall either terminate the Contract <br />after it has given the Maintaining Agency notice and an opportunity to demonstrate the Department's <br />determination of false certification was in error pursuant to Section 287.135(5)(a) of the Florida Statutes, or <br />maintain the Contract if the conditions of Section 287.135(4) of the Florida Statutes are met. <br />Nothing herein shall be construed as a waiver of either party's sovereign immunity. <br />MAINTAINING AGENCY: <br />1. shall 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 MAINTAINING AGENCY during the term of the <br />contract; and <br />2. shall 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 />3. Ensure that public records that are exempt or confidential and exempt from public records <br />disclosure requirements are not disclosed except as authorized by law for the duration of the <br />Agreement term and following completion of the Agreement if the Maintaining Agency does not <br />transfer the records to FDOT <br />4. Upon completion of the Agreement, transfer, at no cost, to FDOT, all public records in possession <br />of the Consultant or keep and maintain public records required by FDOT to perform the service. If <br />the Consultant transfers all public records to FDOT upon completion of the Agreement, the <br />Consultant shall destroy any duplicate public records that are exempt or confidential and exempt <br />from public records disclosure requirements. If the Consultant keeps and maintains public records <br />upon completion of the Agreement, the Consultant shall meet all applicable requirements for <br />retaining public records. All records stored electronically must be provided to FDOT, upon request <br />from FDOT's custodian of public records, in a format that is compatible with the information <br />technology systems of FDOT <br />5. Failure by the Maintaining Agency to comply with Chapter 119, Florida Statutes, shall be grounds <br />for immediate unilateral cancellation of this Agreement by FDOT <br />129 <br />