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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLEPK <br />20. The Grantee covenants that it presently has no interest and shall not acquire any interest which would <br />conflict in any manner or degree with the performance of services required. <br />21. Upon satisfactory completion of this Agreement, the Grantee may retain ownership of the non -expendable <br />personal property or equipment purchased under this Agreement. However, the Grantee shall complete and <br />sign Attachment F, Property Reporting Form, DEP 55-212, and forward it along with the appropriate <br />invoice to the Department's Grant Manager. The following terms shall apply: <br />A. The Grantee shall have use of the non -expendable personal property or equipment for the <br />authorized purposes of the contractual arrangement as long as the required work is being <br />performed. <br />B. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the <br />non -expendable personal property or equipment in good operating condition. <br />C. The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury caused <br />by the use of, non -expendable personal property or equipment purchased with state funds and held <br />in his possession for use in a contractual arrangement with the Department. <br />22. The Department may at any time, by written order designated to be a change order, make any change in the <br />Grant Manager information or task timelines within the current authorized Agreement period. All change <br />orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which <br />causes an increase or decrease in the Grantee's cost or time, shall require formal amendment to this <br />Agreement. <br />23. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be <br />excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to <br />discrimination in performance of this Agreement. <br />B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid <br />on a contract to provide goods or services to a public entity, may not submit a bid on a contract <br />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 <br />contractor, supplier, subcontractor, or consultant under contract with any public entity, and may <br />not transact business with any public entity. The Florida Department of Management Services is <br />responsible for maintaining the discriminatory vendor list and posts the list on its website. <br />Questions regarding the discriminatory vendor list may be directed to the Florida Department of <br />Management Services, Office of Supplier Diversity, at (850) 487-0915. <br />24. Land acquisition is not authorized under the terms of this Agreement. <br />25. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the <br />laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner <br />as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited <br />or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or <br />invalidity, without invalidating the remainder of such provision or the remaining provisions of this <br />Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. <br />26. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, <br />modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced <br />to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless <br />otherwise provided herein. <br />IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year <br />last written below. <br />DEP Agreement No. S0733, Page 6 of 7 <br />