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625-010-10
<br /> ROADWAY DESIGN
<br /> OGC•12/12
<br /> Page 5of12
<br /> Section No. 87170001 CAFA No, 2016-0002
<br /> Paragraph 7.
<br /> 8. LEGAL REQUIREMENTS. ,
<br /> a. This Agreement is executed and entered into in the State of Florida and will be construed,performed,and
<br /> enforced in all respects in strict conformity with local,state,and federal laws,rules, and regulations. Any
<br /> ,- -and all litigation arising under this Agreement shall be b- ught in a state court of appropriate jurisdiction in
<br /> -fin County,Florida, applying Florida law. 1it_ : "
<br /> itb. If any term or provision of the Agreement is found to be illegal or unenforceable,the remainder of the
<br /> Agreement will remain in full force and effect and such term or provision will be deemed stricken.
<br /> c. The Agency shall allow public access to all documents, papers, letters,or other material subject to the
<br /> provisions of Chapter 119, Florida Statutes, and made or received by the Agency in conjunction with this
<br /> Agreement. Failure by the Agency to grant such public access shall be grounds for immediate unilateral
<br /> cancellation of this Agreement by FDOT.
<br /> d. The Agency and FDOT agree that the Agency, its employees,contractors,subcontractors,consultants,
<br /> and subconsultants are not agents of FDOT as a result of this Agreement.
<br /> e. The Agency shall not cause any liens or encumbrances to attach to any portion of FDOT right-of-way.
<br /> 9. PUBLIC ENTITY CRIME. The Agency affirms that it is aware of the provisions of Section
<br /> 287.133(2)(a), Florida Statutes. A person or affiliate who has been placed on the convicted vendor list following a
<br /> conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,
<br /> may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,may
<br /> not submit bids on leases of real property to a public entity,may not be awarded or perform work as a contractor,supplier,
<br /> subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity
<br /> ...___in_excess_of_the threshold_amountprovided.inSection 287.017, Florida Statutes,for CATEGORY TWO fora period of __ _
<br /> thirty six(36)months from the date of being placed on the convicted vendor list. The Agency agrees that it shall not
<br /> violate Section 287.133(2)(a), Florida Statutes, and further acknowledges and agrees that any conviction during the term
<br /> of this Agreement may result in the termination of this Agreement.
<br /> 10. UNAUTHORIZED ALIENS. FDOT will consider the employment of unauthorized aliens,by any
<br /> contractor or subcontractor, as described by Section 274A(e)of the Immigration and Nationalization Act,cause for
<br /> termination of this Agreement.
<br /> 11. NON-DISCRIMINATION. The Agency will not discriminate against any employee employed in the
<br /> performance of this Agreement,or against any applicant for employment because of age, ethnicity, race, religious belief,
<br /> disability,national origin,or sex. The Agency shall provide a harassment-free workplace,with any allegation of
<br /> harassment given priority attention and action by managehient. The Agency shall insert similar provisions in all contracts
<br /> and subcontracts for services by this Agreement.
<br /> 12. DISCRIMINATORY VENDOR LIST. The Agency affirms that it is aware of the provisions of Section
<br /> 287,134(2)(a), Florida Statutes. An entity or affiliate who has been placed on the discriminatory vendor list may not
<br /> submit a bid on a contract to provide any goods or services to a public entity,may not submit a bid on a contract with a
<br /> public entity for the construction or repair of a public building or public work,may not submit bids on leases of real
<br /> property to a public entity,may not be awarded or perform work as a contractor, supplier, subcontractor,or consultant
<br /> under a contract with any public entity,and may not transact business with any public entity. The Agency further agrees
<br /> that it shall not violate Section 287.134(2)(a), Florida Statutes,and acknowledges and agrees that placement on the list
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