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B. The LOCAL SPONSOR is hereby advised that the Federal and/or Florida Single Audit Act <br />Requirements may further apply to lower tier transactions that may be a result of this <br />Agreement. The LOCAL SPONSOR shall consider the type of financial assistance (federal <br />and/or state) identified in Attachment E, Exhibit 1 when making its determination. For <br />federal financial assistance, the LOCAL SPONSOR shall utilize the guidance provided under <br />OMB Circular A-133, Subpart B, Section .210 for determining whether the relationship <br />represents that of a sub recipient or vendor. For state financial assistance, the LOCAL <br />SPONSOR shall utilize the form entitled "Checklist for Nonstate Organizations <br />Recipient/Subrecipient vs Vendor Determination" (form number DFS -A2 -NS) that can be <br />found under the "Links/Forms" section appearing at the following website: <br />https://apps.fldfs.com/fsaa <br />The LOCAL SPONSOR should confer with its chief financial officer, or audit director or <br />contact the DEPARTMENT for assistance with questions pertaining to the applicability of <br />these requirements. <br />27. In accordance with Section 216.347, Florida Statutes, the LOCAL SPONSOR is hereby prohibited <br />from using funds provided by this Agreement for the purposes of lobbying the Legislature, the judicial <br />branch or a state agency. Further, in accordance with Section 11.062, Florida Statutes, no state funds, <br />exclusive of salaries, travel expenses, and per diem, appropriated to, or otherwise available for use by, <br />any executive, judicial, or quasi-judicial department shall be used by any state employee or other <br />person for lobbying purposes. <br />28. The LOCAL SPONSOR covenants that it presently has no interest and shall not acquire any interest <br />that would conflict in any manner or degree with the performance of services required. <br />29. This Agreement has been delivered in the State of Florida and shall be construed in accordance with <br />the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such <br />manner as to be effective and valid under applicable law. If any provision of this Agreement shall be <br />prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such <br />prohibition or invalidity, without invalidating the remainder of such provision or the remaining <br />provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon <br />County, Florida. <br />30. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or <br />default by either party under this Agreement, shall impair any such right, power or remedy of either <br />party. Nor shall such delay or failure be construed as a waiver of any such breach or default, or any <br />similar breach or default thereafter. <br />31. To the extent required by law, the LOCAL SPONSOR will be self-insured against, or will secure and <br />maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees <br />connected with the work of this PROJECT. In the case any work is subcontracted, the LOCAL <br />SPONSOR shall require the subcontractor similarly to provide Workers' Compensation Insurance for <br />all of the subcontractor's employees unless such employees are covered by the protection afforded by <br />the LOCAL SPONSOR. Such self-insurance program or insurance coverage shall comply fully with <br />the Florida Workers' Compensation Law, Chapter 440, Florida Statutes. In case any class of <br />employees engaged in hazardous work under this Agreement is not protected under Workers' <br />Compensation statutes, the LOCAL SPONSOR shall provide, and cause each subcontractor to provide, <br />adequate insurance satisfactory to the DEPARTMENT, for the protection of its employees not <br />otherwise protected. <br />DEP Agreement No. 14IR2, Amendment No. 2, Page 7 of 12 <br />