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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />RYAN L. BUTLER, CLERK <br />FWC Agreement No. 24086 <br />B. Respect of Florida. <br />In accordance with Subsection 413.036(3), F.S., if a product or service required for the <br />performance of this Contract is on the procurement list established pursuant to Subsection <br />413.035(2), F.S., the following statement applies: <br />It is expressly understood and agreed that any articles that are the subject of, or required to <br />carry out, this contract shall be purchased from a nonprofit agency for the blind or for the <br />severely handicapped that is qualified pursuant to Chapter 413, F.S., in the same manner and <br />under the same procedures set forth in Subsections 413.036(1) and (2), F.S.; and for purposes <br />of this contract, the person, firm or other business entity carrying out the provisions of this <br />contract shall be deemed to be substituted for the state agency insofar as dealings with such <br />qualified nonprofit agency are concerned. <br />Additional information about the designated nonprofit agency and the products it offers is <br />available at 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 <br />required to 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 <br />governmental entity as defined in Subsection 287.012(14), F.S., neither Party indemnifies nor insures the <br />other Party for the other Party's negligence. Recipient is responsible for all personal injury and property <br />damage attributable to the negligent acts or omissions of that party, its officers, employees, volunteers <br />and agents. Nothing contained herein shall be construed or interpreted as denying to any party any <br />remedy or defense available under the laws of the state of Florida, nor as a waiver of sovereign <br />immunity of the state of Florida beyond the waiver provided for in 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 <br />actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold <br />harmless the State and the Commission, and their officers, agents, and employees, from suits, actions, <br />damages, and costs of every name and description, including attorneys' fees, arising from or relating to <br />personal injury and damage to real or personal tangible property alleged to be caused in whole or in part <br />by Recipient, its agents, employees, partners, or subcontractors, provided, however, that Recipient shall <br />not indemnify for that portion of any loss or damages proximately caused by the negligent act or <br />omission of the State or the Commission. The Commission reserves the right to select its counsel. <br />Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 27 of 34 <br />