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ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor
<br />list may not submit a bid, 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
<br />construction or repair of a public building or public work; may not submit bids, proposals, or replies
<br />on leases of real property to a public entity; may not be awarded or perform work as a contractor,
<br />supplier, subcontractor, or consultant under a contract with any public entity; and may not transact
<br />business with any public entity.
<br />iii. Notification. The Grantee shall notify the Department if it or any of its suppliers, subcontractors,
<br />or consultants have been placed on the convicted vendor list or the discriminatory vendor list during
<br />the life of the Agreement. The Florida Department of Management Services is responsible for
<br />maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the
<br />discriminatory vendor list may be directed to the Florida Department of Management Services,
<br />Office of Supplier Diversity, at (850) 487-0915.
<br />23. Compliance with Federal, State and Local Laws.
<br />a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited
<br />to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements.
<br />The Grantee shall include this provision in all subcontracts issued as a result of this Agreement.
<br />b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be
<br />excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination
<br />in performance of this Agreement.
<br />c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
<br />d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for
<br />any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the
<br />Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be
<br />responsible for their own attorney fees incurred in connection with disputes arising under the terms of this
<br />Agreement.
<br />24. Scrutinized Companies.
<br />Grantee certifies that it and any of its affiliates are not scrutinized companies as identified in Section 287.135, F.S. In
<br />addition, Grantee agrees to observe the requirements of Section 287.135, F.S., for applicable sub -agreements entered
<br />into for the performance of work under this Agreement. Pursuant to Section 287.135, F.S., the Department may
<br />immediately terminate this Agreement for cause if the Grantee, its affiliates, or its subcontractors are found to have
<br />submitted a false certification; or if the Grantee, its affiliates, or its subcontractors are placed on any applicable
<br />scrutinized companies list or engaged in prohibited contracting activity during the term of the Agreement. As provided
<br />in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become
<br />inoperative.
<br />25. Lobbying and Integrity.
<br />The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying
<br />the Legislature or a State agency pursuant to Section 216.347, F.S., except that pursuant to the requirements of Section
<br />287.058(6), F.S., during the term of any executed agreement between the Grantee and the State, the Grantee may
<br />lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation
<br />regarding that agreement. The Grantee shall comply with Sections 11.062 and 216.347, F.S.
<br />26. Record Keeping.
<br />The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in
<br />accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The
<br />Department, the State, or their authorized representatives shall have access to such records for audit purposes during
<br />the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In
<br />the event that any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow
<br />access to such records for audit purposes. Upon request of the Department's Inspector General, or other authorized
<br />State official, the Grantee shall provide any type of information the Inspector General deems relevant to the Grantee's
<br />integrity or responsibility. Such information may include, but shall not be limited to, the Grantee's business or
<br />financial records, documents, or files of any type or form that refer to or relate to the Agreement. The Grantee shall
<br />retain such records for the longer of: (1) three years after the expiration of the Agreement; or (2) the period required
<br />by the General Records Schedules maintained by the Florida Department of State (available at:
<br />http://dos.myflorida.com/library-arch ives/records-manaaement/general-records-schedules/).
<br />Attachment 1
<br />9of12
<br />Rev. 7/28/2017
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