HomeMy WebLinkAboutpre agreement terms 2ATTACHMENT "B"
State of Florida Department of Transportation
STANDARD PROFESSIONAL SERVICES AGREEMENT TERMS
August, 2000
1. SERVICES AND PERFORMANCE:
A. Before making any additions or deletions to the work described in the Agreement, and before
undertaking any changes or revisions to such work, the parties will negotiate any necessary cost
changes and will enter into a Supplemental Agreement covering such work and compensation.
Reference herein to the Agreement will be considered to include any Supplemental Agreement.
B. In the performance of professional services, the Consultant will use that degree of care and skill
ordinarily exercised by other similar professionals in the field under similar conditions in similar
localities. The Consultant will use due care in performing in a design capacity and will have due
regard for acceptable standards of design principles.
C. The Consultant agrees to provide project schedule progress reports in a format acceptable to the
Department and at intervals established by the Department. The Department will be entitled at all
times to be advised, at its request, as to the status of work being done by the Consultant and of
the details thereof. Coordination will be maintained by the Consultant with representatives of the
Department, or of other agencies interested in the project on behalf of the Department. Either
party to the Agreement may request and be granted a conference.
D. All services will be performed by the Consultant to the satisfaction of the Director who will decide
all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason
of the Agreement, the prosecution and fulfillment of the services hereunder and the character,
quality, amount and value thereof; and the decision upon all claims, questions and disputes will
be final and binding upon the parties hereto. Adjustments of compensation and contract time
because of any major changes in the work that may become necessary or desirable as the work
progresses will be subject to mutual agreement of the parties, and Supplemental Agreement(s) of
such a nature as required will be entered into by the parties in accordance herewith.
In the event that the Consultant and the Department are not able to reach an agreement as to the
amount of compensation to be paid to the Consultant for supplemental work desired by the
Department, the Consultant will be obligated to proceed with the supplemental work in a timely
manner for the amount determined by the Department to be reasonable. In such event, the
Consultant will have the right to file a claim with the Department for such additional amounts as
the Consultant deems reasonable; however, in no event will the filing of the claim or the resolution
or litigation thereof through administrative procedures or the courts relieve the Consultant from
the obligation to timely perform the supplemental work.
E. In the event the work covered by this Agreement includes the preparation of construction plans, it
is understood that the work may be divided into two or more construction projects by the Director
and that, if this is done, the Consultant will supply construction plans for each project.
F. The Consultant is authorized to use the Department's computer facilities utilizing Department
programs required for the performance of the services herein. The Consultant will identify the
programs required and submit a written request to the Department's Project Manager for
approval.
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G. All design work performed by the Consultant for projects where anticipated construction cost is
one million dollars ($1,000,000) or more will be subject to Value Engineering. The Department
further reserves the right to subject projects of lesser construction cost to Value Engineering
should the Department deem circumstances are present that warrant such a decision. Value
Engineering may be performed at any stage of the design process. Unless specifically identified
in the Agreement, the Consultant will not be required to perform the Value Engineering analysis.
H. The Consultant will not be liable for use by the Department of plans, documents, studies or other
data for any purpose other than intended by the terms of this Consultant Agreement.
All tracings, plans, specifications, maps, computer files and/or reports prepared or obtained under
this Agreement, as well as all data collected, together with summaries and charts derived
therefrom, will be considered works made for hire and will become the property of the Department
upon completion or termination without restriction or limitation on their use and will be made
available, upon request, to the Department at any time during the performance of such services
and/or upon completion or termination of this Agreement. Upon delivery to the Department of
said document(s), the Department will become the custodian thereof in accordance with Chapter
119, Florida Statutes. The Consultant will not copyright any material and products or patent any
invention developed under this agreement. The Department will have the right to visit the site for
inspection of the work and the products of the Consultant at any time.
2. TERM:
A. Services required after completion of scheduled project services, including, but not limited to,
design assistance, construction assistance, and litigation assistance, will be completed within the
term of this Agreement at written direction of the department. Supplemental Agreements may be
negotiated for any post project schedule services needed by the Department after scheduled
project services.
In the event it becomes impracticable or impossible for the Consultant to complete the expected
services within the term of this Agreement due to delays on the part of the department or
circumstances beyond the control of the Consultant, the Agreement may be extended. An
extension of the Agreement must be in writing.
B. In the event there are delays caused by the Department in approval of any of the materials
submitted by the Consultant or if there are delays occasioned by circumstances beyond the
control and without fault or negligence of the Consultant which delay the scheduled project
completion date, the Department may grant an extension of time equal to the aforementioned
project schedule delay, as a minimum and not to exceed the Agreement term, by issuance of a
Time Extension Letter. This letter will be for time only and does not include any additional
compensation.
It will be the responsibility of the Consultant to ensure at all times that sufficient time remains in
the Project Schedule within which to complete the services on the project. In the event there
have been delays which would affect the project completion date, the Consultant will submit a
written request to the Department which identifies the reason(s) for the delay, the amount of time
related to each reason and specific indication as to whether or not the delays were concurrent
with one another. The Department will review the request and make a determination as to
granting all or part of the requested extension.
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In the event time for performance of the scheduled project services expires and the
Consultant has not requested, or if the Department has denied, an extension of the Project
Schedule completion date; partial progress payments will be stopped on the date time
expires. No payment shall be made for work performed after the Project Schedule completion
date until a time extension is granted or all work has been completed and accepted by the
Department if the Agreement term has not expired.
3. COMPENSATION:
A. Bills for fees or other compensation for services or expenses will be submitted to the Department
in detail sufficient for a proper preaudit and postaudit thereof. The Department will render
approval or disapproval of services within five working days of the receipt of a written progress
report unless otherwise stated in the Agreement. The progress report will be accompanied by an
appropriate invoice.
The bills for any travel expenses, when authorized by terms of this Agreement and by the
Department's Project Manager, will be submitted in accordance with Section 112.061, Florida
Statutes.
C. Records of costs incurred under terms of this Agreement will be maintained and made available
upon request to the Department at all times during the period of this Agreement and for three
years after final payment for the work pursuant to this Agreement is made. Copies of these
documents and records will be furnished to the Department upon request.
D. Records of costs incurred will include the Consultant's general accounting records and the project
records, together with supporting documents and records, of the Consultant and all
subconsultants performing work on the project, and all other records of the Consultant and
subconsultants considered necessary by the Department for a proper audit of project costs.
E. The general cost principles and procedures for the negotiation and administration, and the
determination or allowance of costs under this Agreement will be as set forth in the Code of
Federal Regulations, Titles 23, 48, 49, Rule Chapter 14-75, Florida Administrative Code, and
other pertinent Federal and State Regulations, as applicable, with the understanding that there is
no conflict between State regulations and Federal regulations in that the more restrictive of the
applicable regulations will govern.
F. The Consultant should be aware of the following time frames. Upon receipt, the Department has
five (5) working days to inspect and approve the goods and services, unless the Agreement
specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to
the Department of Banking and Finance. The 20 days are measured from the latter of the date
the invoice is received or the goods or services are received, inspected and approved.
G. If a payment is not available within 40 days, a separate interest penalty at a rate established
pursuant to Section 215.422, Florida Statutes, will be due and payable, in addition to the invoice
amount, to the Consultant. Interest penalties of less than one dollar will not be paid unless the
Consultant requests payment. Invoices which have to be returned to a Consultant because of
Consultant preparation errors will result in a delay in the payment. The invoice payment
requirements do not start until a properly completed invoice is provided to the Department.
H. A Vendor Ombudsman has been established within the Department of Banking and Finance. The
duties of this individual include acting as an advocate for vendors who may be experiencing
problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be
contacted at (904) 488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792.
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I. Except for issues arising from contract indemnification provisions, the Department will have the
right to retain out of any payment due the Consultant under this Agreement an amount sufficient
to satisfy any amount due and owing to the Department by the Consultant on any othe
Agreement between the Consultant and the Department. The Department may withhold paymer,
on any invoice in the event that the Consultant is in default under any provision of this Agreement
or any other Agreement between the Consultant and the Department as of the time of processing
the invoice or as of the time payment is made available on the invoice. This right to withhold will
continue until such time as the default has been cured, and, upon cure, the Department will have
the right to retain an amount equal to the damages suffered as a result of the default.
J. It is mutually agreed and understood that the following provision will be applicable to this
Agreement if the compensation to be paid to the Consultant, whether by lump sum or
cost -plus -a -fixed -fee, will exceed the threshold amount provided in Section 257.017, Florida
Statutes, for CATEGORY FOUR.
The Consultant hereby certifies, covenants and warrants that wage rates and other factual unit
costs provided the Department to support the compensation are accurate, complete and current
as of the date of this Agreement. It is further agreed that the Agreement price will be adjusted to
exclude any significant sums by which the Department determines the Agreement price was
increased due to inaccurate, incomplete or non -current wage rates and other factual unit costs.
All such Agreement adjustments must be made within one year following the end of the
Agreement. For this purpose, the end of the Agreement is the date of final billing or acceptance
of the work by the Department, whichever is later.
K. The Department, during any fiscal year, will not expend money, incur any liability, or enter into
any contract which, by its terms, involves the expenditure of money in excess of the amounts
budgeted as available for expenditure during such fiscal year. Any contract, verbal or written
made in violation of this subsection is null and void, and no money may be paid on such contract
The Department will require a statement from the comptroller of the Department that funds are
available prior to entering into any such contract or other binding commitment of funds. Nothing
herein contained will prevent the making of contracts for periods exceeding one year, but any
contract so made shall be executory only for the value of the services to be rendered or agreed to
be paid for in succeeding fiscal years. Accordingly, the Department's performance and obligation
to pay under this Agreement is contingent upon an annual appropriation by the Legislature.
4. INDEMNITY AND INSURANCE:
A. The Consultant will indemnify, defend, and hold harmless the Department and all of its officers,
agents and employees from any claim, loss, damage, cost, charge or expense arising out of any
act, error, omission or negligent act by the Consultant, its agents, employees, or subcontractors
during the performance of the Agreement, except that neither the Consultant, its agents,
employees nor any of its subconsultants will be liable under this paragraph for any claim, Toss,
damage, cost, charge or expense arising out of any act, error, omission or negligent act by the
Department or any of its officers, agents or employees during the performance of the Agreement.
When the Department receives a notice of claim for damages that may have been caused by the
Consultant in the performance of services required by the Consultant under this agreement, the
Department will immediately forward the claim to the Consultant. The Consultant and the
Department will evaluate the claim and report their findings to each other within seven working
days. The Department and the Consultant will jointly discuss options in defending the claim
After reviewing the claim, the Department will determine whether to require the participation of the
Consultant in the defense of the claim or to require that the Consultant defend the Department in
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such claim as described in this section. The Department's failure to notify the Consultant of a
claim within seven days will not release the Consultant from any of the requirements of this
section upon subsequent notification by the Department to the Consultant of the claim. The
Department and the Consultant will pay their own cost for the evaluation, settlement negotiations
and trial, if any. However, if only one party participates in the defense of the claim at trial, that
party is responsible for all costs, but if the verdict determines that there is joint responsibility the
costs and liability for damages will be shared in the same percentage as that judicially
established.
The parties agree that 1% of the total compensation to the Consultant for performance of this
Agreement is the specific consideration from the Department to the Consultant for the
Consultant's indemnity agreement.
B. The Consultant will have and maintain during the term of this Agreement, a professional liability
insurance policy or policies, or an irrevocable letter of credit established pursuant to Chapter 675
and Section 337.106, Florida Statutes, with a company or companies authorized to do business in
the State of Florida, affording professional liability coverage for the professional services to be
rendered in accordance with this Agreement in the amount specified in the Agreement.
b. COMPLIANCE WITH LAWS:
A. All final plans, documents, reports, studies and other data prepared by the Consultant shall bear
the professional's seal/signature, in accordance with the applicable Florida Statute that governs
and Administrative Rules promulgated by the Department of Business and Professional
Regulation, and guidelines published by the Department, in effect at the time of execution of this
Agreement. In the event that changes in the Statute or Rules create a conflict with the
requirements of the published guidelines, requirements of the Statute and/or Rules shall take
precedence.
B. Chapter 337.162 Florida Statutes applies as follows:
(1)
If the Department has knowledge or reason to believe that any person has violated the
provisions of state professional licensing laws or rules, it will submit a complaint about the
violations to the Department of Business and Professional Regulation. The complaint will
be confidential.
(2) Any person who is employed by the Department and who is licensed by the Department
of Business and Professional Regulation and who, through the course of his employment,
has knowledge to believe that any person has violated the provisions of state professional
licensing laws or rules will submit a complaint about the violations to the Department of
Business and Professional Regulation. Failure to submit a complaint about the violations
may be grounds for disciplinary action pursuant to Chapter 455 and the state licensing
law applicable to that licensee. The complaint will be confidential.
(3) Any confidential information submitted to the Department of Business and Professional
Regulation will remain confidential pursuant to Chapter 455 and applicable state law.
C. The Consultant will comply with all federal, state and local laws and ordinances applicable to the
work or payment for work thereof, and will not discriminate on the grounds of race, color, religion,
sex, national origin, age or disability in the performance of work under this Agreement.
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D. The Consultant warrants that the Consultant has not employed or retained any company or
person, other than a bona fide employee working solely for the Consultant, to solicit or secure this
Agreement, and that he has not paid or agreed to pay any person, company, corporation.
individual, or firm any fee, commission, percentage, gift or any other consideration, continge
upon or resulting from the award or making of this Agreement. It is understood and agreed tho
the term "fee" shall also include brokerage fee, however denoted. For the breach o'r violation of
this Paragraph, the Department shall have the right to terminate this Agreement without liability,
and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of
such fee, commission, percentage, gift or consideration.
E. The Consultant shall allow public access to all documents, papers, letters, or other material
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
Consultant in conjunction with this Agreement. Failure by the Consultant to grant such public
access shall be grounds for immediate unilateral cancellation of this Agreement by the
Department.
F. The Consultant agrees that it will make no statements, press releases or publicity releases
concerning this Agreement or its subject matter or otherwise disclose or permit to be disclosed
any of the data or other information obtained or furnished in compliance with this Agreement, or
any particulars thereof, during the period of the Agreement, without first notifying the Department
and securing its consent in writing. The Consultant also agrees that it will not publish, copyright
or patent any of the data developed under this Agreement, it being understood that such data or
information is the property of the Department.
G. Consultant covenants and agrees that it and its employees will be bound by the standards o'
conduct provided in applicable Florida Statutes and applicable rules of the Department o.
Business and Professional Regulation as they relate to work performed under this Agreement.
Consultant further covenants and agrees that when a former state employee is employed by the
Consultant, the Consultant will require that strict adherence by the former state employee to
Florida Statutes 112.313(9) and 112.3185 is a condition of employment of said former state
employee. These statutes will by reference be made a part of this Agreement as though set forth
in full. Consultant agrees to incorporate the provisions of this paragraph in any subcontract into
which it might enter with reference to the work performed pursuant to this Agreement.
H. A person or affiliate who has been placed on the convicted vendor list followinga conviction for a
public entity crime 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 in excess of
the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
The Department will consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the Immigration and Nationality Act. Such violation will be cause for
unilateral cancellation of this Agreement, by the Department, if the Consultant knowingly employs
unauthorized aliens.
J. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list
may not submit a bid on a contract to provide goods or services to a public entity, may not submit
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a bid on a contaLt 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 award or perform
work as a contractor, supplier, subcontractor, or consultant under contract with any public entity,
and may not transact business with any public entity.
TERMINATION AND DEFAULT:
A. The Department may terminate this Agreement in whole or in part at any time the interest of the
Department requires such termination, as follows:
(1) If the Department determines that the performance of the Consultant is not satisfactory,
the Department may notify the Consultant of the deficiency with the requirement that the
deficiency be corrected within a specified time; but not less than 10 days. Otherwise the
Agreement will be terminated at the end of such time or thirty (30) days whichever is
sooner,
(2) If the Department requires termination of the Agreement for reasons other than
unsatisfactory performance of the Consultant, the Department will notify the Consultant of
such termination, with instructions as to the effective date of work stoppage or specify the
stage of work at which the Agreement is to be terminated.
(3) If the Agreement is terminated before performance is completed, the Consultant will be
paid for the work satisfactorily performed. Payment is to be on the basis of substantiated
costs, not to exceed an amount which is the same percentage of the contract price as the
amount of work satisfactorily completed is a percentage of the total work called for by the
Agreement,
The Department reserves the right to cancel and terminate this Agreement in the event the
Consultant or any employee or agent of the Consultant is convicted for any crime arising out of or
in conjunction with any work being performed by the consultant for or on behalf of the
Department, without penalty. It is understood and agreed that in the event of such termination, all
tracings, plans specifications, computer files, maps, and data prepared or obtained under this
Agreement will immediately be turned over to the Department . The Department reserves the
right to terminate or cancel this Agreement in the event the Consultant will be placed in either
voluntary or involuntary bankruptcy or an assignment be made for the benefit of creditors. The
Department further reserves the right to suspend the qualifications of the Consultant to do
business with the Department upon any such conviction.
7. ASSIGNMENT AND SUBCONTRACTS:
A. The Consultant will maintain an adequate and competent professional staff so as to enable
Consultant to timely perform under this Agreement and must be authorized to do business within
the State of Florida and may associate with it such subconsultants, for the purpose of its services
hereunder, without additional cost to the Department, other than those costs negotiated within the
limits and terms of this Agreement. The Consultant is fully responsible for satisfactory completion
of all subcontracted work. The Consultant, however, will not sublet, assign or transfer any work
under this Agreement to other than subconsultants specified in the Agreement without the written
consent of the Department.
B. The Consultant must state in all subcontracts that services performed by any such subconsultant
will be subject to the Professional Consultant Work Performance Evaluation System as defined in
Chapter 14-75, Florida Administrative Code.
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C. The following pruvision is hereby incorporated in and made a part of this Agreement when the
services provided herein do not involve the expenditure of Federal funds:
It is expressly understood and agreed that any articles which are the subject of, or required to
carry out this contract will be purchased from the Corporation identified under Chapter 94e
Florida Statutes, in the same manner and under the same procedures set forth in Section
946.515(2) and (4), Florida Statutes; and for purposes of this contract the person, firm, or other
business entity carrying out the provisions of this contract will be deemed to be substituted for this
agency insofar as dealings with such Corporation.
The Corporation referred to in the above paragraph is Prison Rehabilitative Industries and
Diversified Enterprises, Inc. Available pricing, products, and delivery schedules may be obtained
by contacting:
PRIDE of Florida (Attn: Bid Administrator)
2720 Blairstone Road, Suite G
Tallahassee, Florida 32301
Telephone: (904) 487-3774
8. MISCELLANEOUS:
A. All words used herein in the singular form will extend to and include the plural. All words used in
the plural form will extend to and include the singular. All words used in any gender will extend to
and include all genders.
B. In the event that a court of valid jurisdiction finally determines that any provision of this Agreement
is illegal or unenforceable, this Agreement will be construed as not containing such provision, and
all other provisions which are otherwise lawful will remain in full force and effect, and to this end
the provisions of this Agreement are declared to be severable.
C. There are no understandings or agreements except as herein expressly stated.
D. This Agreement will be governed by and construed in accordance with the laws of the State of
Florida.
E. In any legal action related to this Agreement, instituted by either party, Consultant hereby waives
any and all privileges and rights it may have under chapter 47 and Section 337.19, Florida
Statutes, relating to venue, as it now exists or may hereafter be amended, and any and all such
privileges and rights it may have under any other statute, rule or case law, including, but not
limited to those grounded on convenience. Any such legal action may be brought in the
appropriate Court in any county chosen by the Department and in the event that any such legal
action is filed by a Consultant, Consultant hereby consents to the transfer of venue to the county
chosen by the Department upon the Department filing a motion requesting the same.
9. TERMS FOR FEDERAL AID CONTRACTS (APPENDIX I):
The following terms apply to all contracts in which it is indicated in Section 6.B of the Standard
Professional Services Agreement that the services involve the expenditure of federal funds:
A. It is understoodand agreed that all rights of the Department relating to inspection, review,
approval, patents, copyrights, and audit of the work, tracing, plans, specifications, maps, data,
and cost records relating to this Agreement shall also be reserved and held by authorize(
representatives of the United States of America.
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B. It is understood and agreed that, in order to permit federal participation, no supplemental
agreement of any nature may be entered into by the parties hereto with regard to the work to be
performed hereunder without the approval of U.S.D.O.T., anything to the contrary in this
Agreement not withstanding.
C. Compliance with Regulations: The Consultant shall comply with the regulations of the U.S.
Department of Transportation relative to nondiscrimination in federally -assisted programs of the
U.S. Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter
referred to as the Regulations), which are herein incorporated by reference and made a part of
the contract.
D. Nondiscrimination: The Consultant, with regard to the work performed by him atter award and
prior to completion of the contract work, will not discriminate on the grounds of race, color,
religion, sex or national origin in the selection and retention of subcontractors, including
procurements of material and leases of equipment. The consultant will not participate either
directly or indirectly in the discrimination prohibited by Section 21.5 of the program set forth in
Appendix B of the Regulations.
E. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations made by competitive bidding or negotiation made by the Consultant for work to be
performed under a subcontract, including procurements of materials and leases of equipment,
each potential subcontractor, supplier or lessor shall be notified by a consultant of the consultant's
obligations under this contract and the regulations relative to nondiscrimination on the grounds of
race, color religion, sex or national origin.
Information and Reports: The Consultant will provide all information and reports required by the
Regulations, or orders and instructions issued pursuant thereto, and will permit access to its
books, records, accounts, other sources of information, and its facilities as may be determined by
the Department or U.S. Department of Transportation to be pertinent to ascertain compliance with
such Regulations, orders and instructions. Where any information required of the Consultant is in
the exclusive possession of another who fails or refuses to furnish this information, the Consultant
shall certify to the Department, or the U.S. Department of Transportation, as appropriate, and
shall set forth what efforts it has made to obtain the information.
G. Sanctions of Noncompliance: In the event of the Consultant's noncompliance with the
nondiscrimination provisions of this contract, the State of Florida Department of Transportation
shall impose such contract sanctions as it or the U.S. Department of Transportation may
determine to be appropriate, including, but not limited to,
1. withholding of payments to the Consultant under the contract until the Consultant
complies and/or
2. cancellation, termination or suspension of the contract, in whole or in part.
H. Incorporation or Provisions: The Consultant will include the provisions of Paragraph A through H
in every subcontract, including procurements of materials and leases of equipment unless exempt
by the Regulations, order, or instructions issued pursuant thereto. The Consultant will take such
action with respect to any subcontract or procurement as the State of Florida Department of
Transportation or the U.S. Department of Transportation may direct as a means of enforcing such
provisions, including sanctions for noncompliance; provided, however, that, in the event a
Consultant becomes involved in, or is threatened with, litigation with a subcontractor or supplier
as a result of such direction, the Consultant may request the State to enter into such litigation to
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protect the interests of the State, and, in addition, the Consultant may request the United States
to enter into such litigation to protect the interests of the United States.
I. Interest of Members of Congress: No member of or delegate to the Congress of the Unite
States shall be admitted to any share or part of this contract or to any benefit arising therefrom.
J. Interest of Public Officials: No member, officer, or employee of the public body or of a local public
body during his tenure or for one year thereafter shall be any interest, direct or indirect, in this
contract or the proceeds thereof. For purposes of this provision, public body shall include
municipalities and other political subdivisions of States; and public corporations, boards, and
commissions established under the laws of any State.
K. Participation by Minority Business Enterprises: The Consultant shall agree to abide by
statements in Paragraph (1) and (2) which follow. These statements shall be included in all
subsequent agreements between the Consultant and any subconsultant or contractor.
1. "Policy: It is the policy of the Department of Transportation that minority business enterprises
as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the
performance of contracts financed in whole or in part with Federal funds under this
agreement. Consequently, the MBE requirements of 49 CFR Part 23 apply to this
agreement."
2. "MBE Obligation: The recipient or its contractor agrees to ensure that minority business
enterprises, as defined in 49 CFR Part 23, have the maximum opportunity to participate in the
performance of contracts and subcontracts financed in whole or in part with Federal funds
provided under this agreement. In this regard, all recipients or contractors shall take all
necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority
business enterprises have the maximum opportunity to compete for and perform contracts.
Recipients and their contractors shall not discriminate on the basis of race, color, national
origin, or sex in the award and performance of DOT -assisted contracts."
L. It is mutually understood and agreed that the willful falsification, distortion or misrepresentation
with respect to any facts related to the project(s) described in this Agreement is a violation of the
Federal Law. Accordingly, United States Code, Title 18, Section 1020, is hereby incorporated by
reference and made a part of this Agreement.
M. It is understood and agreed that if the Consultant at any time learns that the certification it
provided the Department in compliance with 49 CFR, Section 23.51, was erroneous when
submitted or has become erroneous by reason of changed circumstances, the Consultant shall
provide immediate written notice to the Department. It is further agreed that the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower
Tier Covered Transaction" as set forth in 49 CFR, Section 29.510, shall be included by the
Consultant in all lower tier covered transactions and in all aforementioned federal regulation.
N. The Department hereby certifies that neither the consultant nor the consultant's representative
has been required by the Department, directly or indirectly as an express or implied condition in
connection with obtaining or carrying out this contract, to
1. employ or retain, or agree to employ or retain, any firm or person, or
2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or
consideration of any kind;
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The Department further acknowledges that this agreement will be furnished to a federal agency,
in connection with this contract involving participation of Federal -Aid funds, and is subject to
applicable State and Federal Laws, both criminal and civil.
O. The Consultant hereby certifies that it has not:
1. employed or retained for a commission, percentage, brokerage, contingent fee, or other
consideration, any firm or person (other than a bona fide employee working solely for the
above contractor) to solicit or secure this contract;
2. agreed, as an express or implied condition for obtaining this contract, to employ or retain the
services of any firm or person in connection with carrying out this contract; or
3. paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee
working solely for the above contractor) any fee contribution, donation, or consideration of any
kind for, or in connection with, procuring or carrying out the contract.
The consultant further acknowledges that this agreement will be furnished to the State of Florida
Department of Transportation and a federal agency in connection with this contract involving
participation of Federal -Aid funds, and is subject to applicable State and Federal Laws, both
criminal and civil.
B-11