22-3311 FDOT Memorandum of Agreement fpr State Hwy Maintenance

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DocuSign Envelope ID: 52DO9114-C692-4147-B8E3-BEOB8F63467B consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold alllount provided in Section 287.017, Florida Statutes, for- CATEGORY TWO for a period of thirty six (36) months from the date of being placed on the convicted vendor list. The LOCAL GOVERNMENT agrees that it shall not violate Section 287.133(2)(a), Florida Statutes, and further acknowledges and agrees that any conviction during the term of this Agreement may result in the termination of this Agreement. 3) UNAUTHORIZED ALIENS. The DEPAIUMENT will consider the employment of unauthorized aliens, by any contractor or subcontractor, as described by Section 274A(e) of the Immigration and Nationalization Act, cause for termination of this Agreement. 4) NON-DISCRIMINATION. The LOCAL GOVERNMENT will not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment because of age, ethnicity, race, religious belief, disability, national origin, or sex. The LOCAL GOVERNMENT shall provide a harassment -free workplace, with any allegation of harassment given priority attention and action by management. The LOCAL, GOVERNMENT shall insert similar provisions in all contracts and subcontracts for services by this Agreement. 5) DISCRIMINATORY VENDOR LIST. The LOCAL GOVERNMENT affirms that it is aware of the provisions of Section 287.134(2)(a), Florida Statutes. An entity or affiliate who has been placed on the discriminatory vendor list may not 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 public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. The LOCAL GOVERNMENT further agrees that it shall not violate Section 287.134(2)(a), Florida Statutes, and acknowledges and agrees that placement on the list during the term of this Agreement may result in the termination of this Agreement. 6) ATTORNEY FEES. Each Party shall bear its own attorney's fees and costs. 7) T RAVEL. There shall be no reimbursement for travel expenses under this Agreement. 8) PRESERVATION OF REMEDIES. No delay or omission to exercise any right, power, or remedy accruing to either Party upon breach or default by either Party under this Agreement, will impair any such right, power or remedy of either party; nor will such delay or omission be construed as a waiver of any breach or default or any similar breach or default. 9) MODIFICATION. This Agreement may not be modified unless done so in a writing executed by both Parties to this Agreement. 10) NON -ASSIGNMENT. The LOCAL GOVERNMENT may not assign, sublicense, or otherwise transfer its rights, duties, or obligations under this Agreement without the prior written consent of the DEPARTMENT. Any assignment, sublicense, or transfer occurring without the required prior written approval of the DEPARTMENT will be null and void. The DEPARTMENT will at all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to another governmental entity in the State of Florida, upon giving prior written notice to the LOCAL GOVERNMENT. In the event CONTRACT No.: ASP02 FINANCIAL PROJECT No.: 244549-1-78-03 6