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EXHIBIT 1 <br /> 375-040-19 <br /> PROCUREMENT <br /> 02104 <br /> Pane 6 of 7 <br /> D. If the Agreement is terminated before performance is completed , the Vendor shall be paid only for that work <br /> satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an <br /> amount which is the same percentage of the agreement price as the amount of work satisfactorily <br /> completed is a percentage of the total work called for by this Agreement. All work in progress shall <br /> become the property of the Department and shall be turned over promptly by the Vendor. <br /> 7. ASSIGNMENT AND SUBCONTRACTS <br /> A. The Vendor shall maintain an adequate and competent staff so as to enable the Vendor to timely perform <br /> under this Agreement and may associate with it such subcontractors, for the purpose of its services <br /> hereunder, without additional cost to the Department, other than those costs within the limits and terms of <br /> this Agreement. The Vendor is fully responsible for satisfactory completion of all subcontracted work. The <br /> Vendor, however, shall not sublet, assign , or transfer any work under this Agreement to other than <br /> subcontractors specified in the proposal, bid , and/or Agreement without the written consent of the <br /> Department. <br /> B. Select the appropriate box: <br /> @ The following provision is not applicable to this Agreement: <br /> O The following provision is hereby incorporated in and made a part of this Agreement: <br /> It is expressly understood and agreed that any articles that are the subject of, or required to carry out <br /> this Agreement shall be purchased from a nonprofit agency for the blind or for the severely handicapped <br /> that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same <br /> procedures set forth in Section 413.036( 1 ) and (2), Florida Statutes; and for purposes of this <br /> Agreement the person, firm, or other business entity (Vendor) carrying out the provisions of this <br /> Agreement shall be deemed to be substituted for the state agency (Department) insofar as dealings <br /> with such qualified nonprofit agency are concerned. <br /> Q The following provision is hereby incorporated in and made a part of this Agreement: <br /> It is expressly understood and agreed that any articles which are the subject of, or required to carry out <br /> this Agreement shall be purchased from the corporation identified under Chapter 946, Florida Statutes, <br /> in the same manner and under the procedures set forth in Sections 946. 515(2) and (4), Florida <br /> Statutes ; and for purposes of this Agreement the person , firm, or other business entity (Vendor) <br /> carrying out the provisions of this Agreement shall be deemed to be substituted for this agency <br /> (Department) insofar as dealings with such corporation are concerned . <br /> The "corporation identified" is Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) . <br /> Available pricing, products , and delivery schedules may be obtained by contacting: <br /> PRIDE Enterprises <br /> 12425 - 28th Street, North <br /> St. Petersburg, FL 33716-1826 <br /> (800)643-8459 <br /> Q This Agreement involves the expenditure of federal funds and Section 946. 515, Florida Statutes, <br /> as noted above, does not apply. However, Appendix I is applicable to all parties and is hereof made a <br /> part of this Agreement. <br /> 8 . MISCELLANEOUS <br /> A. The Vendor and its employees, agents, representatives, or subcontractors are not employees of the <br /> Department and are not entitled to the benefits of State of Florida employees . Except to the extent <br /> expressly authorized herein , Vendor and its employees, agents, representatives, or subcontractors are not <br /> agents of the Department or the State for any purpose or authority such as to bind or represent the <br /> interests thereof, and shall not represent that it is an agent or that it is acting on the behalf of the <br /> Department or the State. The Department shall not be bound by any unauthorized acts or conduct of the <br /> Vendor or its employees, agents, representatives, or subcontractors. Vendor agrees to include this <br /> provision in all its subcontracts under this Agreement. <br /> B . All words used herein in the singular form shall extend to and include the plural. All words used in the <br /> plural form shall extend to and include the singular. All words used in any gender shall extend to and <br /> include all genders . <br />