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FWC Agreement No. 15120
<br /> contract with any public entity and may not transact business with any public entity in excess of
<br /> the threshold amount provided in Section 287.017,F.S., for Category Two for a period of thirty-
<br /> six(36)months from the date of being placed on the convicted vendor list. The State of Florida,
<br /> Department of Management Services, Division of State Purchasing provides listings for
<br /> convicted, suspended, discriminatory and federal excluded parties, as well as the vendor
<br /> complaint list at:
<br /> http://www.dms.myflorida.com/business operations/state purchasing/vendor information/co
<br /> nvicted suspended discriminatory complaints vendor lists
<br /> ii. Notice of Conviction of Public Entity Crime. Any person must notify the Department of
<br /> Management Services and the Commission, in writing, within thirty (30) days after conviction
<br /> of a public entity crime applicable to that person or an affiliate of that person as defined in Section
<br /> 287.133,F.S.
<br /> C. Vendors on Scrutinized Companies List.
<br /> i. Scrutinized Companies. If this Agreement is in the amount of$1 million dollars or more, in
<br /> executing this Agreement, the Grantee shall have an ongoing obligation to disclose to the
<br /> Commission if it, its subrecipient, contractor, or subcontractor, is listed on either the Scrutinized
<br /> Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
<br /> Petroleum Energy Sector List,created pursuant to Section 215.473,F.S.,or is engaged in business
<br /> operations in Cuba or Syria. Section 287.135, F.S.
<br /> ii. False Certification — Termination. Pursuant to Subsection 287.135(3)(b), F.S., the
<br /> Commission may immediately terminate this Agreement for cause if the Grantee is found to have
<br /> submitted a false certification or if, during the term of the Agreement, the Grantee is placed on
<br /> the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with
<br /> Activities in the Iran Petroleum Energy Sector List,or engages in business operations in Cuba or
<br /> Syria.
<br /> iii. False Certification—Termination Notice. If the Commission determines that the Grantee has
<br /> submitted a false certification,the Commission will provide written notice to the Grantee. Unless
<br /> the Grantee demonstrates in writing, within ninety (90) days of receipt of the notice, that the
<br /> Commission's determination of false certification was made in error,the Commission shall bring
<br /> a civil action against the Grantee. If the Commission's determination is upheld, a civil penalty
<br /> equal to the greater of$2,000,000.00 or twice the amount of this Agreement shall be imposed on
<br /> the Grantee, and the Grantee will be ineligible to bid on any agreement with an agency or local
<br /> governmental entity for three(3)years after the date of the Commission's determination of false
<br /> certification by the Grantee.
<br /> iv. Cessation of Federal Authority. In the event that federal law ceases to authorize the states to
<br /> adopt and enforce the contracting prohibition identified in this paragraph, this provision shall be
<br /> null and void to the extent no longer authorized.
<br /> D. Discriminatory Vendors. Grantee shall disclose to the Commission, in writing, if they, then-
<br /> subrecipient,contractor,or subcontractor,are on the Discriminatory Vendor List maintained by the
<br /> Florida Department of Management Services pursuant to Section 287.134(3)(d),F.S."An entity or
<br /> affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or
<br /> reply on a contract to provide any goods or services to a public entity; may not submit a bid,
<br /> proposal,or reply on a contract with a public entity for the construction or repair of a public building
<br /> or public work; may not submit bids, proposals, or replies on leases of real property to a public
<br /> GRANT-GOVERNMENTAL ENTITY Ver. June 15, 2015 Page 10 of 20
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