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ATTACHMENT 6--Prime Award
<br /> STATE OFFLOI MD&AR"OffOFTPANSPMATM 2734"
<br /> OCC-1 SITZ
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<br /> 12. COMPLIANCE WITH LAWS
<br /> A. Any and all of the employees of the University engaged in the performance of any work or service
<br /> required by the Department under any TWO shall be considered employees of the UnNetrtiy onty and not
<br /> of the Department,and any and ail daima that may or might arse under the employment of said
<br /> employees,shall be the sole obflgation and responsWity,of the Urdverstty. The employees,agents,
<br /> representROM,contractors,or subcontractors of the University are not employees of agents of the
<br /> Department The bepwhnent shall not be bound by any unauthadzad acts or conduct of said persons.
<br /> B. To the potent permitted by Section 768.28,F.S.,the University shall indemnify,defend,and hold
<br /> harmless the Department and all of its officers,agents,and employees from
<br /> any lair,loss,damage,
<br /> cost,charge,or expense arising out of any act,error,omisslon or neg%errt act by time University,its
<br /> agents,subcontractors,or employees,while acting within the scope of their employment by the University
<br /> and under this Agreement or TWO Issued pursuantto this Agreement Neither the Universlty,Its agents,
<br /> or Its employees will be Nable under this paragraph for any claim,loss,damage,cost,charge,or expense
<br /> solely arising out of any act,error,omisslon.or negligent act by the Department or any of its officers,
<br /> agents or employees,du tog the performance of this Agreement
<br /> C. When the Department receives a notice of claim for damages that may have been caused by the
<br /> University In the performance of services required under this Agreernerrt;the Depertmennt will prompgy
<br /> forward the datm to the University.The University and the Department win evahtate the claim and report
<br /> their findings to each other within fourteen(14)worldng days end w111 Jointly discuss options for defending
<br /> the dalm.After reviewing the claim,the Department will determine whether to require the participation of
<br /> the University In the defense of the claim or to require that the University defend the Department in such
<br /> claim as described in this section.The Departmenfs fatiurs to promptly notify the University of a claim
<br /> shall not act as a waiver of any right herein to require the participation In or defense of the dahm by the
<br /> University.The Department and the University will each pay its own costs for the evatuation,settlement
<br /> negotlatfons,and trial,If any.However,d only one Party participates in the defense of the dafm at trial,
<br /> that party Is responsible for all trial costs.
<br /> D. The University shall allow publlo acoess to all documents,papers,tetters,or other material subject to the
<br /> provisions of Chapter 119,F.S.,unless exempted by Sutton 1004.22,F-S.,made;or received by the
<br /> University in conjunction with this Agreement. The Unlvetefty sW extend this requirement to any
<br /> subcontractors furnishing services,materials,or equipment underany TWO. FaBtae by the University or
<br /> Its,contractors to grad such public access shall be grounds for Immediate unilateral caneellatlon of this
<br /> Agreement by the Department The Unhrerstty will advise the Departmentwhen it receives any public
<br /> records request relating to this Agreement
<br /> E. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public
<br /> entity crime may not submit a bld,proposal,or reply on a contract to provide any goods or services to a
<br /> public entity,may not submit a bid,proposal,or reply on a contract with a public entity for the construction
<br /> or repair of a public building or public work,may not submit bids,proposals,or replies on leases of real
<br /> property to a public entity,may not be awarded or perform work as a contractor,supplier,subcontrador,
<br /> or consultant under a contract with any public entity,and may not transact business with any public entity
<br /> In excess of the threshold amount provided In Section 287.017,F.S.for CATEGORY TWO for a period of
<br /> 36 months following the date of being placed on the convicted vendor fiat.
<br /> F. The Department shall consider the employment by any university of unausnrtwd aliens a violation of
<br /> Section 274A(e)of the Immigration and Nationality Act If the University knowingly employs unauthorized
<br /> aNens,such violation shaft be cause for unQateral cancellation of this Agreement.
<br /> G. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid,proposal,
<br /> or reply on a contract to provide any goods or services to a public entity;may not submit a bid,proposal,
<br /> or reply on a contract with a public entity for the construction or repair of a public building or public worts
<br /> may not submit a bid,proposal,or reply on leases of real property to a public entity;may not be awarded
<br /> or perform work as a contractor,supplier,subcontractor,or consultant under a contract erith any public
<br /> Pape 22 of 25 UFDSP00010855 24,07/2015
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