|
other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due
<br />Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it.
<br />21. Waiver.
<br />The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute
<br />or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise
<br />of any such right preclude any other or further exercise thereof or the exercise of any other right.
<br />22. Statutory Notices Relating to Unauthorized Employment and Subcontracts.
<br />a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section
<br />274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized
<br />aliens, such violation shall be cause for unilateral cancellation ofthis Agreement. The Grantee shall be responsible
<br />for including this provision in all subcontracts with private organizations issued as a result of this Agreement.
<br />b. Pursuant to Sections 287.133 and 287.134, F.S., the following restrictions apply to persons placed on the
<br />convicted vendor list or the discriminatory vendor list:
<br />i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list
<br />following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract
<br />to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a
<br />contract with a public entity for the construction or repair of a public building or public work; may
<br />not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded
<br />or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public
<br />entity; and may not transact business with any public entity in excess of the threshold amount
<br />provided in Section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the
<br />date of being placed on the convicted vendor list.
<br />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 Department if it or any of its suppliers, subcontractors, or
<br />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 />a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of
<br />Israel. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole
<br />option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized
<br />Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement.
<br />b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized
<br />Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
<br />List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to
<br />Attachment 1
<br />8 of 11
<br />Rev. 8/28/18
<br />
|