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375-030-12
<br />PROCUREMENT
<br />OGC – 9/16
<br />Page A8 of 11
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<br />B. In the event that a court of valid jurisdiction finally determines that any provision of this Agreement is illegal or
<br />unenforceable, this Agreement will be construed as not containing such provision, and all other provisions
<br />which are otherwise lawful will remain in full force and effect, and to this end the provisions of this Agreement
<br />are declared to be severable.
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<br />C. There are no understandings or agreements except as herein expressly stated.
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<br />D. This Agreement will be governed by and construed in accordance with the laws of the State of Florida.
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<br />E. In any legal action related to this Agreement, instituted by either party, Consultant hereby waives any and all
<br />privileges and rights it may have under chapter 47 and Section 337.19, Florida Statutes, relating to venue, as
<br />it now exists or may hereafter be amended, and any and all such privileges and rights it may have under any
<br />other statute, rule or case law, including, but not limited to those grounded on convenience. Any such legal
<br />action may be brought in the appropriate Court in any county chosen by the Department and in the event that
<br />any such legal action is filed by Consultant, Consultant hereby consents to the transfer of venue to the county
<br />chosen by the Department upon the Department filing a motion requesting the same.
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<br />F. Consultant:
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<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 Consultant during the term of the contract; and
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<br />2. shall expressly require any subcontractors performing work or providing services pursuant to the state
<br />contract to likewise 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 subcontractor during the contract term.
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<br />G. The Department may grant the Consultant's employees or subconsultants access to the Department's secure
<br />networks as part of the project. In the event such employees' or subconsultants' participation in the project is
<br />terminated or will be terminated, the Consultant shall notify the Department's project manager no later than
<br />the employees' or subconsultants' separation date from participation in the project or immediately upon the
<br />Consultant acquiring knowledge of such termination of employees' or subconsultants' participation in the
<br />project, whichever occurs later.
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<br />9. TERMS FOR FEDERAL AID CONTRACTS (APPENDIX I):
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<br />The following terms apply to all contracts in which it is indicated in Section 6.B of the Standard Professional Services
<br />Agreement that the services involve the expenditure of federal funds: During the performance of this contract, the
<br />Consultant, for itself, its assignees and successors in interest agrees as follows:
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<br />A. It is understood and agreed that all rights of the Department relating to inspection, review, approval, patents,
<br />copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this
<br />Agreement shall also be reserved and held by authorized representatives of the United States of America.
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<br />B. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any
<br />nature may be entered into by the parties hereto with regard to the work to be performed hereunder without
<br />the approval of the U.S. Department of Transportation, anything to the contrary in this Agreement not
<br />withstanding.
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<br />C. Compliance with Regulations: The Consultant shall comply with the Regulations relative to nondiscrimination
<br />in Federally-assisted programs of the U.S. Department of Transportation (hereinafter, “USDOT”) Title 49,
<br />Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as
<br />the Regulations), which are herein incorporated by reference and made a part of this Agreement.
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<br />D. Nondiscrimination: The Consultant, with regard to the work performed during the contract, shall not
<br />discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the
<br />selection and retention of subcontractors, including procurements of materials and leases of equipment. The
<br />Consultant shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of
<br />the Regulations, including employment practices when the contract covers a program set forth in Appendix B
<br />of the Regulations.
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<br />DocuSign Envelope ID: A4AD1F85-7AED-446C-B47A-9804B3DF3740
<br />F-34
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