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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />R,YAN L. BUTLER, CLERK <br />may be procured by either formal invitation to bid or request for proposals, and may be procured by <br />purchase order, acceptance of vendor proposals or other appropriate procurement document. <br />L Any formal competitive solicitation shall be made available simultaneously to all vendors, must <br />include the time and date for the receipt of bids, proposals, or replies and of the public opening, <br />and must include all contractual terms and conditions applicable to the procurement, and the criteria <br />to be used in determining acceptability and relative merit of the bid, proposal, or reply. <br />c) State entities should follow required procedures set forth in Chapter 287, Florida Statutes and Rule 60A <br />1.002 of Florida Administrative Code. If the grantee is a non -state entity (local government or non-profit <br />organization) and has existing procurement requirements and procedures, follow the more restrictive, as long <br />as state requirements are still met. <br />38. Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prohibition of conflicts of interest <br />described in Sections 112.311 through 112.326, Florida Statutes, and affirms that it will not enter into or maintain <br />a business or other relationship with any employee of the Department of State that would violate those provisions. <br />The Grantee further agrees to seek authorization from the General Counsel for the Department of State prior to <br />entering into any business or other relationship with a Department of State Employee to avoid a potential violation <br />of those statutes. <br />39. Binding of Successors. This Agreement shall bind the successors, assigns and legal representatives of the <br />Grantee and of any legal entity that succeeds to the obligations of the Division of Historical Resources. <br />40. No Employment of Unauthorized Aliens. The employment of unauthorized aliens by the Grantee is considered <br />a violation of Section 274A (a) of the Immigration and Nationality Act. If the Grantee knowingly employs <br />unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. <br />41. Severability. If any term or provision of the Agreement is found to be illegal and unenforceable, the remainder <br />will remain in full force and effect, and such term or provision shall be deemed stricken. <br />42. Americans with Disabilities Act. All programs and facilities related to this Agreement must meet the standards <br />of Sections 553.501-553.513, Florida Statutes, and the Americans with Disabilities Act of 1990 as amended (42 <br />U.S.C. 12101, et seq.), which is incorporated herein by reference. <br />43. Governing Law. This Agreement shall be construed, performed, and enforced in all respects in accordance with <br />the laws and rules of Florida. Venue or location for any legal action arising under this Agreement will be in Leon <br />County, Florida. <br />44. Rural Communities. If the Grantee is a county or municipality that is a rural community or rural area of <br />opportunity as those terms are defined in section 288.0656(2), F.S., the payment of submitted 'invoices may be <br />issued for verified and eligible performance that has been completed in accordance with the terms and conditions <br />set forth in this Agreement to the extent that federal or state law, rule, or other regulation allows such payments. <br />Upon meeting either of the criteria set forth below, the Grantee may elect in writing to exercise this provision. <br />a) A county or municipality that is a rural community or rural area of opportunity as those terms are defined in <br />section 288.0656(2), F.S., that demonstrates financial hardship; or <br />b) A county or municipality that is a rural community or rural area of opportunity as those terms are defined in <br />section 288.0656(2), F.S., and which is located in a fiscally constrained county, as defined in section <br />Page: 13 <br />G -a it Amrd Agieernenl (Form C4A00I ). Effective 07/2024 <br />Rule 1 A-39.001. Florida Adminishumv Code <br />