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2004-251
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2004-251
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Last modified
9/28/2016 1:16:59 PM
Creation date
9/30/2015 8:18:37 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
10/19/2004
Control Number
2004-251
Agenda Item Number
11.B.1
Entity Name
State Department of Community Affairs
Subject
Executed Disaster Relief Funding Agreement
Hurricane Frances
Archived Roll/Disk#
3224
Supplemental fields
SmeadsoftID
4585
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violation is cured or has otherwise come to final resolution. If the violation is not cured, Grantee may terminate this <br /> Agreement and invoke its remedies under the Agreement as per Articles XVIII and XXIII of this Agreement. <br /> ARTICLE XIV. Nondiscrimination by Contractors . Subgrantee shall undertake an active program of <br /> nondiscrimination in its administration of disaster assistance under this Agreement, as per 44 C.F . R. Parts 7 and 16 , <br /> and 44 C.F .R Part 206 . Subgrantee shall also be subject to the requirements in the General Services Administrative <br /> Consolidated List of Debarred, Suspended and Ineligible Contractors, in accordance with 44 C.F.R Part 17. <br /> ARTICLE XV. Modification . The time for performance of this Agreement may be extended once unless <br /> the failure of Subgrantee to close out the project is caused by events beyond its control . A modification extending the <br /> time for completion of the project and any other modification shall be in writing, and shall take effect only upon <br /> execution by both parties . Modifications to any Project Worksheet to be funded under this Agreement may be <br /> requested by Subgrantee through Grantee, but the approval of any such modifications shall reside in the sole discretion <br /> of the Federal Emergency Management Agency. Any approved modification to a project Worksheet shall be noted in <br /> a Supplemental Project Worksheet for the project. If otherwise allowed under this Agreement, any extension shall be <br /> in writing and shall be subject to the same terms and conditions as those set out in the initial Agreement. <br /> ARTICLE XVI. Time for Performance . Time shall be of the essence of this Agreement and of the <br /> performance of all conditions under it. Subject to any modification extending the time for the performance of this <br /> Agreement approved by Grantee or the Federal Emergency Management Agency, the time for the performance of <br /> emergency work shall be six (6) months from the date of the Presidential Declaration. The time for the performance of <br /> permanent work shall be eighteen ( 18 ) months from the date of the Presidential Declaration . For Large Projects the <br /> Summary of Documentation and the supporting documents identified in Article VI of this Agreement shall be <br /> submitted to the Grantee not later than sixty (60) days after the date of the last modification extending the Agreement. <br /> Subgrantee shall submit the completed Project Listing to Grantee not later than thirty (30) days from the completion of <br /> all work, or the approval of the Final Inspection by the Federal Emergency Management Agency, whichever is later. <br /> The time for the performance of this Agreement may be extended for cause by Grantee. Extensions shall not be <br /> approved for delays caused for lack of cost-share funding. If any extension request is denied, Subgrantee shall be <br /> reimbursed for eligible project costs incurred up to the latest approved date for completion. Failure to complete any <br /> project will be adequate cause for the termination of funding for that project. <br /> ARTICLE XVII. Contracts With Others . If the Subgrantee contracts with any other contractor or vendor <br /> for performance of all or any portion of the work required under this Agreement, the Subgrantee shall incorporate into <br /> its contract with such contractor or vendor an indemnification clause holding Grantee and Subgrantee harmless from <br /> liability to third parties for claims asserted under such contract. <br /> ARTICLE XVIII. Termination . Either of the parties may terminate this Agreement by notice in writing <br /> delivered to the address specified in Article XXV of this Agreement. Such termination shall take effect thirty (30) <br /> days after the date of such notice. Such termination shall not affect the rights, interests, duties or responsibilities of <br /> either of the parties or any allowable costs that have accrued as of the date of the notice of termination. <br /> ARTICLE XIX. Liability . Grantee assumes no liability to third parties in connection with this Agreement. <br /> Unless the Subgrantee is a governmental entity covered by § 768 .28 (5 ), Fla. Stat. , the Subgrantee shall be solely <br /> responsible to any and all contractors, vendors, and other parties with whom it contracts in performing this Agreement. <br /> Unless the Subgrantee is a govemmental entity within the meaning of the preceding sentence, Subgrantee shall <br /> indemnify Grantee form claims asserted by to third parties in connection with the performance of this Agreement, <br /> holding Grantee and Subgrantee harmless from the same . Also : <br /> A. For the purpose of this Agreement, the Grantee and Subgrantee agree that neither one is an employee or <br /> agent of the other, but that each one stands as an independent contractor in relation to the other. <br /> B . Nothing in this Agreement shall be construed as a waiver by Grantee or Subgrantee of any legal <br /> immunity, nor shall anything in this Agreement be construed as consent by either of the parties to be sued by third <br /> parties in connection with any matter arising from the performance of this Agreement. <br /> C . Subgrantee represents that to the best of its knowledge any hazardous substances at its project site or sites <br /> 6 <br />
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