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ATRUE COPY <br />CERTIFICATION ON LAST PAGE <br />FWC Agreement No. J.R. SMITH, CLERK <br />5. AUTHORITIES. It is understood and agreed that each party operates under its own legal <br />authorities, policies and administration, and each party's obligations under this Agreement are <br />thereby limited. It shall be the responsibility of each party to interpret its own authorities and <br />policies, and make decisions as required under law and policies applicable to each. <br />6. PUBLIC RECORDS. All records in conjunction with this Agreement shall be public records <br />in accordance with the laws applicable to the parties. <br />7. LIABILITY. Each party hereto agrees that it shall be solely responsible for the negligent or <br />wrongful acts of its employees and agents. However, nothing herein shall constitute a waiver by <br />either party of sovereign immunity or statutory limitations on liability. <br />8. STATE REQUIRED CLAUSES. <br />a. Non-discrimination. No person, on the grounds of race, creed, color, national origin, <br />age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits <br />of, or be otherwise subjected to discrimination in performance of this Agreement. <br />b. Prohibition of Discriminatory Vendors. In accordance with Section 287.134, Florida <br />Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not <br />submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; <br />may not submit a bid, proposal or reply on a contract with a public entity for the construction or <br />repair of a public building or public work; may not submit bids, proposals, or replies on leases of <br />real property to a public entity; may not be awarded or perform work as a contractor, supplier, <br />subcontractor, or consultant under a contract with any public entity; and may not transact <br />business with any public entity. <br />c. Public Entity Crimes. In accordance with Section 287.133(2)(a), F.S., a person or <br />affiliate who has been placed on the convicted vendor list following a conviction for a public <br />entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or <br />services to a public entity; may not submit a bid, proposal, or reply on a contract with a public <br />entity for the construction or repair of a public building or public work; may not submit bids, <br />proposals, or replies on leases of real property to a public entity; may not be awarded or perform <br />work as a contractor, 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 s. 287.017 for CATEGORY TWO for a period of 36 months following the date of <br />being placed on the convicted vendor list. <br />d. Legislative appropriation. For Agreements whose term extends beyond the State fiscal <br />year in which encumbered funds were appropriated, the State of Florida's performance and <br />obligation to pay is contingent upon an annual appropriation by the Legislature. <br />9. FEDERAL REQUIRED CLAUSES. <br />a. Non-discrimination. All activities pursuant to this Agreement and the provisions of <br />Exec. Order No. 11246, 3 C.F.R. 339 (1964-65) shall be in compliance with the requirements of <br />Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d et seq.); Title V, Section <br />Page 5 of 8 <br />