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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />3. The Recipient agrees to comply with the Americans With Disabilities Act (Public <br />Law 101-336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by <br />public and private entities on the basis of disability in the areas of employment, public <br />accommodations, transportation, State and local government services, and in telecommunications. <br />4. A person or affiliate who has been placed on the convicted vendor list following a <br />conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a <br />contract to provide any 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 lease bids on leases of real property to a public entity, may not be awarded or perform work <br />as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and <br />may not transact business with any public entity in excess of Category Two for a period of thirty- <br />six (36) months from the date of being placed on the convicted vendor list or on the discriminatory <br />vendor list. <br />5. In accordance with Section 216.347, F.S., the Recipient is hereby prohibited from <br />using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial <br />branch or a state agency. Further, in accordance with Section 11.062, F.S., no state funds, exclusive <br />of salaries, travel expenses, and per diem, appropriated to, or otherwise available for use by, any <br />executive, judicial, or quasi-judicial department shall be used by any state employee or other <br />person for lobbying purposes. <br />6. The employment of unauthorized aliens by any recipient is considered a violation <br />of Section 274A(e) of the Immigration and Nationality Act. If the Recipient knowingly employs <br />unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. <br />The Recipient shall be responsible for including this provision in all subcontracts with private <br />organizations issued as a result of this Agreement. <br />7. The Recipient shall comply with all applicable federal, state and local rules and <br />regulations in providing services to the Department under this Agreement. The Recipient <br />acknowledges that this requirement includes, but is not limited to, compliance with all applicable <br />federal, state and local health and safety rules and regulations. The Recipient further agrees to <br />include this provision in all subcontracts issued as a result of this Contract. <br />8. The Recipient shall save and hold harmless and indemnify the State of Florida and <br />the Department against any and all liability, claims, judgments or costs of whatsoever kind and <br />nature for injury to, or death of any person or persons and for the loss of damage to any property <br />resulting from the use, service, operation or performance of work under the terms of this <br />Agreement, resulting from the negligent acts of the Recipient, his subcontractor, or any of the <br />employees, agents or representatives of the Recipient or subcontractor to the extent allowed by <br />law. <br />9. To the extent required by law, the Recipient will be self-insured against, or will <br />secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all <br />DEP Agreement No. S0958, Page 22 of 24 <br />FCT Project No. 11-050-FFI 1 <br />Pre -Acquired Project Site <br />