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Contract 435822 <br />in Orange County; (2) each party shall bear its own attorney's fees, including appeals; (3) for civil <br />proceedings, the parties hereby consent to trial by the court and waive the right to jury trial. <br />21. INDEPENDENT CONTRACTORS. The parties to this Agreement, their employees and agents, are <br />independent contractors and not employees or agents of each other. Nothing in this Agreement shall <br />be interpreted to establish any relationship other than that of independent contractors during and after <br />the term of this Agreement. Recipient is not a contractor of the District. The District is providing cost - <br />share funding as a cooperating governmental entity to assist Recipient in accomplishing the Project. <br />Recipient is solely responsible for accomplishing the Project and directs the means and methods by <br />which the Project is accomplished. Recipient is solely responsible for compliance with all labor, <br />health care, and tax laws pertaining to Recipient, its officers, agents, and employees. <br />22. CONFLICTING INTEREST IN RECIPIENT. Recipient certifies that no officer, agent, or <br />employee of the District has any material interest, as defined in § 112.312, Fla. Stat., either directly or <br />indirectly, in the business of Recipient to be conducted hereby, and that no such person shall have any <br />such interest at any time during the term of this Agreement. <br />23. NON -LOBBYING. Pursuant to §216.347, Fla. Stat., as amended, Recipient agrees that funds <br />received from the District under this Agreement shall not be used for the purpose of lobbying the <br />Legislature or any other state agency. <br />24. PERMITS. Recipient shall comply with all applicable federal, state and local laws and regulations in <br />implementing the Project and shall include this requirement in all subcontracts pertaining to the <br />Project. Recipient shall obtain any and all governmental permits necessary to implement the Project. <br />Any activity not properly permitted prior to implementation or completed without proper permits <br />does not comply with this Agreement and shall not be approved for cost -share finding. <br />25. 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 contractor, supplier, subcontractor, or consultant under a contract with any <br />public entity; and may not transact business with any public entity in excess of the threshold amount <br />provided in §287.017, Fla. Stat., for CATEGORY TWO ($35,000) for a period of 36 months <br />following the date of being placed on the convicted vendor list. <br />26. PUBLIC RECORDS. Records of Recipient that are made or received in the course of perfonnance <br />of the Project may be public records that are subject to the requirements of chapter 119, Fla. Stat. If <br />Recipient receives a public records request, Recipient shall promptly notify the District's Project <br />Manager. Each party reserves the right to cancel this Agreement for refusal by the other party to <br />allow public access to all documents, papers, letters, or other materials related hereto and subject to <br />the provisions of chapter 119, Fla. Stat., as amended. <br />27. ROYALTIES AND PATENTS. Recipient certifies that the Project does not, to the best of its <br />information and belief, infringe on any patent rights. Recipient shall pay all royalties and patent and <br />license fees necessary for performance of the Project and shall defend all suits or claims for <br />infringement of any patent rights and save and hold the District harmless from loss to the extent <br />allowed by Florida law. <br />-9- <br />
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