Be In accordance with Section 216 . 347 , Florida Statutes , the Grantee is
<br /> hereby prohibited from using funds provided by this Agreement for the
<br /> purpose of lobbying the Legislature , the judicial branch or a state agency .
<br /> 38 . A . No person on the grounds of race , creed , color, national origin , age , sex ,
<br /> marital status or disability , shall be excluded from participation in ; be
<br /> denied the proceeds or benefits of; or be otherwise subjected to
<br /> discrimination in performance of this Project Agreement ,
<br /> Be An entity or affiliate who has been placed on the discriminatory vendor list
<br /> may not submit a bid on a contract to provide goods or services to a public
<br /> entity , may not submit a bid on a contract with a public entity for the
<br /> construction or repair of a public building or public work, may not submit
<br /> bids on leases of real property to a public entity , may not award or perform
<br /> work as a contractor, supplier, subcontractor, or consultant under contract
<br /> with any public entity, and may not transact business with any public
<br /> entity . The Florida Department of Management Services is responsible for
<br /> maintaining the discriminatory vendor list and intends to post the list on its
<br /> website . Questions regarding the discriminatory vendor list may be
<br /> directed to the Florida Department of Management Services , Office of
<br /> Supplier Diversity at ( 850 ) 487-0915 .
<br /> 39 . Each party hereto agrees that it shall be solely responsible for the wrongful acts
<br /> of its employees and agents . However, nothing contained herein shall constitute
<br /> a waiver by either party of its sovereign immunity or the provisions of s . 768 . 28 ,
<br /> Florida Statutes , and other statutes that provide immunity to the Department or
<br /> the State .
<br /> 40 . A person or affiliate who has been placed on the convicted vendor list following a
<br /> conviction for public entity crime may not perform work as a grantee , contractor,
<br /> supplier, subcontractor, or consultant under a contract with any public entity, and
<br /> may not transact business with any public entity in excess of the threshold
<br /> amount provided in s . 287 . 017 , Florida Statutes , or Category Two , for a period of
<br /> 36 months from the date of being placed on the convicted vendor list .
<br /> 41 . A . In accordance with Executive Order 12549 , Debarment and Suspension
<br /> (43 CFR Part 12 . 10000. 510 ) , the Grantee shall agree and certify that
<br /> neither it , nor its principals , is presently debarred , suspended , proposed
<br /> for debarment, declared ineligible , or voluntarily excluded from
<br /> participation in this transaction by any federal department or agency ; and ,
<br /> that the Grantee shall not knowingly enter into any lower tier contract, or
<br /> other covered transaction , with a person who is similarly debarred or
<br /> suspended from participating in this covered transaction , unless
<br /> authorized in writing by USDOI to the Department .
<br /> Be Upon execution of this Agreement by the Grantee , the Grantee shall
<br /> complete , . sign and return a copy of the form entitled " Certification
<br /> Regarding Debarments , Suspension , Ineligibility and Voluntary Exclusion -
<br /> DEP Agreement No . LW475, Page 10 of 12 DEP 55-239 ( 12103)
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