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H. The State of Florida will not intentionally award publicly-funded contracts to any contractor who
<br /> knowingly employs unauthorized alien workers, constituting a violation of the employment provisions
<br /> contained in 8 U. S .C . Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")] .
<br /> The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section
<br /> 274A(e) of the INA. Such violation by the Subgrantee of the employment provisions contained in Section
<br /> 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department.
<br /> I. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public
<br /> entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or
<br /> services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair
<br /> of a public building or public work, may not submit bids on leases of real property to a public entity, may not
<br /> be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a
<br /> public entity, and may not transact business with any public entity in excess of Category Two for a period of
<br /> 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list.
<br /> J. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101 -336, 42
<br /> U. S .C. Section 12101 et- sea .), if applicable, which prohibits discrimination by public and private entities on
<br /> the basis of disability in the areas of employment, public accommodations, transportation, State and local
<br /> government services, and in telecommunications.
<br /> K. With respect to any Subgrantee which is not a local government or state agency, and which receives funds
<br /> under this Agreement from the federal government, by signing this Agreement, the Subgrantee certifies, to the
<br /> best of its knowledge and belief, that it and its principals:
<br /> 1 . are not presently debarred, suspended, proposed for debarment, declared
<br /> ineligible, or voluntarily excluded from covered transactions by a federal department or agency ;
<br /> 2. have not, within a five-year period preceding this proposal been convicted of or
<br /> had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with
<br /> obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under
<br /> public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,
<br /> bribery, falsification or destruction of records, making false statements, or receiving stolen property;
<br /> 3 . are not presently indicted or otherwise criminally or civilly charged by a
<br /> governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 20(h)2.
<br /> of this certification; and
<br /> 4 . have not within a five-year period preceding this Agreement had one or more
<br /> public transactions (federal, state or local) terminated for cause or default.
<br /> Where the Subgrantee is unable to certify to any of the statements in this certification, such
<br /> Subgrantee shall attach an explanation to this Agreement.
<br /> In addition, the Subgrantee shall submit to the Department (by email or by facsimile transmission) the
<br /> completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion' for each
<br /> prospective subcontractor which Subgrantee intends to fund under this Agreement. Such form must be
<br /> received by the Department prior to the Subgrantee entering into a contract with any prospective subcontractor.
<br /> L. The validity of this Agreement is subject to the truth and accuracy of all the information,
<br /> representations, and materials submitted or provided by the Subgrantee in this Agreement, in any subsequent
<br /> submission or response to Department request, or in any submission or response to fulfill the requirements of
<br /> this Agreement, and such information, representations, and materials are incorporated by reference. The lack
<br /> of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days
<br /> written notice to the Subgrantee, cause the termination of this Agreement and the release of the Department
<br /> from all its obligations to the Recipient.
<br /> M This Agreement shall be construed under the laws of the State of Florida, and venue for any
<br /> actions arising out of this Agreement shall lie in Leon County . If any provision hereof is in conflict with any
<br /> applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to
<br /> the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this
<br /> Agreement.
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