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FWC Agreement No. #23230
<br />B. Respect of Florida.
<br />In accordance with Subsection 413.036(3), F.S., if a product or service required for the performance of this
<br />Contract is on the procurement list established pursuant to Subsection 413.035(2), F.S., the following
<br />statement applies:
<br />It is expressly understood and agreed that any articles that are the subject of, or required to carry out,
<br />this contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped
<br />that is qualified pursuant to Chapter 413, F.S., in the same manner and under the same procedures set
<br />forth in Subsections 413.036(1) and (2), F.S.; and for purposes of this contract, the person, firm or
<br />other business entity carrying out the provisions of this contract shall be deemed to be substituted for
<br />the state agency insofar as dealings with such qualified nonprofit agency are concerned.
<br />Additional information about the designated nonprofit agency and the products it offers is available at
<br />http://www.respectofflorida.org.
<br />C. Procurement of Recycled Products or Materials.
<br />Contractor agrees to procure any recycled products or materials which are the subject of or are required to
<br />carry out this Contract in accordance with Section 403.7065, F.S.
<br />Section 26. INDEMNIFICATION.
<br />If the Recipient is a state agency or subdivision, as defined in Subsection 768.28(2), F.S., or as a governmental
<br />entity as defined in Subsection 287.012(14), F.S., neither Party indemnifies nor insures the other Party for the
<br />other Party's negligence. Recipient is responsible for all personal injury and property damage attributable to the
<br />negligent acts or omissions of that party, its officers, employees, volunteers and agents. Nothing contained herein
<br />shall be construed or interpreted as denying to any party any remedy or defense available under the laws of the
<br />state of Florida, nor as a waiver of sovereign immunity of the state of Florida beyond the waiver provided for in
<br />section 768.28, F.S., as amended.
<br />If Recipient is not a state agency or subdivision as defined above, Recipient shall be fully liable for the actions of
<br />its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State
<br />and the Commission, and their officers, agents, and employees, from suits, actions, damages, and costs of every
<br />name and description, including attorneys' fees, arising from or relating to personal injury and damage to real or
<br />personal tangible property alleged to be caused in whole or in part by Recipient, its agents, employees, partners,
<br />or subcontractors, provided, however, that Recipient shall not indemnify for that portion of any loss or damages
<br />proximately caused by the negligent act or omission of the State or the Commission. The Commission reserves
<br />the right to select its counsel.
<br />Section 27. NON-DISCRIMINATION.
<br />No person, on the grounds of race, color, religion, gender, pregnancy, national origin, age, handicap, or marital
<br />status, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to
<br />discrimination in performance of this Agreement.
<br />Section 28. MEDIATION.
<br />In the event of any claim or dispute arising by or between the Commission and the Recipient, each party shall
<br />continue to perform as required under the Agreement, notwithstanding the existence of such claim or dispute, it
<br />Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 23 of 29
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