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3 are not presently indicted or otherwise criminally or civilly charged by a <br />governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph <br />19(g)2 of this certification, and <br />4 have not within a five-year period preceding this Agreement had one or more <br />public transactions (federal, state or local) terminated for cause or default. <br />If the Recipient is unable to certify to any of the statements in this certification, then the Recipient <br />shall attach an explanation to this Agreement. <br />In addition, the Recipient shall send to the Division (by email or by facsimile transmission) <br />the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary <br />Exclusion" (Attachment I) for each intended subcontractor which Recipient plans to fund under <br />this Agreement. The form must be received by the Division before the Recipient enters into a <br />contract with any subcontractor. <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) Any bills for travel expenses shall be submitted in accordance with Section <br />112.061(14)(a), Fla. Stat. The provisions of any special or local law, present or future, shall prevail over <br />any conflicting provisions in this section, but only to the extent of the conflict. <br />(k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient <br />refuses to allow public access to all documents, papers, letters or other material subject to the provisions <br />of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement. <br />(I) 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 Division or be applied against the <br />Division's obligation to pay the contract amount. <br />(m) 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 Division shall consider the employment by any contractor of unauthorized aliens a violation <br />of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in <br />Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division <br />(n) The Recipient is subject to Florida's Government in the Sunshine Law (Section <br />286 011 Fla. Stat.) with respect to the meetings of the Recipient's governing board or the meetings of <br />any subcommittee making recommendations to the governing board All of these meetings shall be <br />publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available <br />to the public in accordance with Chapter 119, Fla. Stat. <br />(o) All expenditures of state financial assistance shall be in compliance with the laws, <br />rules and regulations applicable to expenditures of State funds, including but not limited to, the Reference <br />Guide for State Expenditures <br />(p) The Agreement may be charged only with allowable costs resulting from obligations <br />incurred during the term of the Agreement. <br />(q) Any balances of unobligated cash that have been advanced or paid that are not <br />authorized to be retained for direct program costs in a subsequent period must be refunded to the State <br />(20) LOBBYING PROHIBITION <br />I0 <br />