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may not submit a bid, proposal, or reply on any contract with a public entity for the construction or
<br />repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real
<br />property to a public entity; may not be awarded or perform work as a Grantee, supplier,
<br />subcontractor, or consultant under a contract with a public entity; and may not transact new business
<br />with a public entity.
<br />iv. 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, the discriminatory vendor list, or antitrust
<br />violator vendor list during the life of the Agreement. The Florida Department of Management
<br />Services is responsible for maintaining the discriminatory vendor list and the antitrust violator
<br />vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or
<br />antitrust violator 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. Build America, Buy America Act (BABA) - Infrastructure Projects with Federal Funding.
<br />This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local
<br />Fiscal Recovery Funds under the American Rescue Plan Act. Also, this provision does not apply where
<br />there is a valid waiver In place. However, the provision may apply to funds expended before the waiver
<br />or after expiration of the waiver.
<br />If applicable, Recipients or Subrecipients of an award of Federal financial assistance from a program for
<br />infrastructure are required to comply with the Build America, Buy America Act (BABA), including the
<br />following provisions:
<br />a. All iron and steel used in the project are produced in the United States --this means all manufacturing processes,
<br />from the initial melting stage through the application of coatings, occurred in the United States;
<br />b. All manufactured products used in the project are produced in the United States -this means the manufactured
<br />product was manufactured in the United States; and the cost of the components of the manufactured product
<br />that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all
<br />components of the manufactured product, unless another standard for determining the minimum amount of
<br />domestic content of the manufactured product has been established under applicable law or regulation; and
<br />c. All construction materials are manufactured in the United States -this means that all manufacturing processes for
<br />the construction material occurred in the United States.
<br />The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated
<br />into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as
<br />temporary scaffolding, brought to the construction site and removed at or before the completion of the
<br />infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable
<br />chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but
<br />are not an integral part of the structure or permanently affixed to the infrastructure project.
<br />25. Investing in America
<br />Grantees of an award for construction projects in whole or in part by the Bipartisan Infrastructure Law or the
<br />Inflation Reduction Act, including the following provision:
<br />I. Signage Requirements
<br />a. Investing in America Emblem: The recipient will ensure that a sign is placed at construction
<br />sites supported in whole or in part by this award displaying the official Investing in America
<br />emblem and must identify the project as a "project funded by President Biden's Bipartisan
<br />Attachment 1
<br />9of13
<br />Rev. 7/12/2023
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