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<br />B. 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 <br />public 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 <br />perform work as a contractor, supplier, subcontractor, or consultant under <br />contract with any public entity, and may not transact business with any <br />public entity. The Florida Department of Management Services is <br />responsible for maintaining the discriminatory vendor list which may be <br />found at <br />http://dms.mvflorida.com/d ms/purchasinQ/convicted suspended discrimin <br />atorv complaints vendor lists. Questions regarding the discriminatory <br />vendor list may be directed to the Florida Department of Management <br />Services, Office of Supplier Diversity at (850) 487-0915. <br /> <br />38. 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 section <br />768.28, Florida Statutes. <br /> <br />39. The employment of unauthorized aliens by any GRANTEE is considered a <br />violation of Section 274A(e) of the Immigration and Nationality Act. If the <br />GRANTEE knowingly employs unauthorized aliens, such violation shall be cause <br />for unilateral cancellation of this Agreement. The GRANTEE shall be <br />responsible for including this provision in all subcontracts issued as a result of <br />this Agreement. <br /> <br />40. A person or affiliate who has been placed on the convicted vendor list following a <br />conviction for a public entity crime may not perform work as a grantee, <br />contractor, supplier, subcontractor, or consultant under a contract with any public <br />entity, and may not transact business with any public entity in excess of the <br />threshold amount provided in s. 287.017, Florida Statutes, for Category Two, for <br />a period of 36 months from the date of being placed on the convicted vendor list. <br /> <br />41. The PROJECT AGREEMENT has been delivered in the State of Florida and <br />shall be construed in accordance with the laws of Florida: Wherever possible, <br />each provision of this PROJECT AGREEMENT shall be interpreted in such <br />manner as to be effective and valid under applicable Florida law, but if any <br />provision of this PROJECT AGREEMENT shall be prohibited or invalid under <br />applicable Florida law, such provision shall be ineffective to the extent of such <br />prohibition or invalidity, without invalidating the remainder of such provision or <br />the remaining provisions of this PROJECT AGREEMENT. Any action hereon or <br />in connection herewith shall be brought in Leon County, Florida unless prohibited <br />by applicable law. <br /> <br />DEP Agreement No. F7160, Page 8 of 10 <br />DEP 55-231 (01/06) <br />