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2005-248A
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2005-248A
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null and void to the extent of such conflict, and shall be deemed severable , but shall not invalidate any <br /> other provision of this Agreement. <br /> (c) Any power of approval or disapproval granted to the Department under the terms of <br /> this Agreement shall survive the terms and life of this Agreement as a whole . <br /> (d ) The Agreement may be executed in any number of counterparts , any one of which <br /> may be taken as an original . . <br /> ( e) The Recipient agrees to comply with the Americans With Disabilities Act ( Public Law <br /> 101 -336 , 42 U . S . C . Section 12101 et seg . , if applicable , which prohibits discrimination by public and <br /> private entities on the basis of disability in the areas of employment, public accommodations , <br /> transportation , State and focal government services , and in telecommunications . <br /> (f) 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 <br /> a public entity , may not submit a bid on a contract with a public entity for the construction or repair of a <br /> public building or public work, may not submit bids on leases of real property to a public entity , may not <br /> be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a <br /> public entity, and may not transact business with any public entity in excess of Category Two for a period <br /> of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor <br /> list. <br /> (g ) An entity or affiliate who has been placed on the discriminatory vendor list may not <br /> submit a bid on a contract to provide goods or services to a public entity , may not submit a bid on a <br /> contract with a public entity for the construction or repair of a public building or public work , may not <br /> submit bids on leases of real property to a public entity , may not award or perform work as a contractor, <br /> supplier, subcontractor, or consultant under contract with any public entity , and may not transact business <br /> with any public entity . <br /> ( h ) The State of Florida' s performance and obligation to pay under this Agreement is <br /> contingent upon an annual appropriation by the Legislature , and subject to any modification in <br /> accordance with Chapter 216 , Fla . Stat. or the Florida Constitution . <br /> ( i ) All bills for fees or other compensation for services or expenses shall be submitted in <br /> detail sufficient for a proper preaudit and postaudit thereof. <br /> (j) The Department of Community Affairs reserves the right to unilaterally cancel this <br /> Agreement for refusal by the Recipient to allow public access to all documents , papers , letters or other <br /> material subject to the provisions of Chapter 119 , Fla . Stat. , and made or received by the Recipient in <br /> conjunction with this Agreement. <br /> ( k) If the Recipient is allowed to temporarily invest any advances of funds under this <br /> Agreement, any interest income shall either be returned to the Department or be applied against the <br /> Department' s obligation to pay the contract amount. <br /> ( 1) The State of Florida will not intentionally award publicly-funded contracts to any <br /> contractor who knowingly employs unauthorized alien workers , constituting a violation of the employment <br /> provisions contained in 8 U . S . C . Section 1324a (e) [Section 274A(e) of the Immigration and Nationality Act <br /> (" INA" )] . The Department shall consider the employment by any contractor of unauthorized aliens a <br /> violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions <br /> contained in Section 274A( e) of the INA shall be grounds for unilateral cancellation of this Agreement by <br /> the Department. <br /> 9 <br />
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