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(26) Program Income
<br /> Recipient shall report to DEO all program income (as defined by 73C-23 0031(43), F.A.C. and 24 C.F.R. � 570 489(e))
<br /> generated by activities carried out with CDBG funds made available under this Agreement, as part of the Recipient's
<br /> Quarterly Progress Report, Form SC-65,required under Paragraph (7) Reports, of this Agreement. Recipient's'use of
<br /> program income shall comply with the applicable requirements of 24 C.F.R. part 570, sections 290 046-290 048, F.S. and
<br /> 73C-23 0051, F.A.C., and the terms of this Agreement. Program income generated after closeout, shall be returned to
<br /> DEO. Program income generated prior to closeout,shall be returned to DEO,unless the program income is used to fund
<br /> additional units of CDBG activities,specified in a modification to this Agreement,and duly executed prior to
<br /> administrative closeout. I
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<br /> (27) Independent Contractor
<br /> In Recipient's performance of its duties and responsibilities under this Agreement,it is mutually understood and
<br /> agreed that Recipient is at all times acting and performing as an independent contractor. Nothing in this Agreement is
<br /> intended
<br /> to or shall be deemed to constitute an employer/employee relationship,partnership or joint venture be the
<br /> Parties. The Recipient shall at all times remain an independent contractor with respect to the services to be performed
<br /> under this Agreement.
<br /> (a) The Recipient, its officers, agents, employees, subcontractors, or assignees,in performance of this Agreement
<br /> shall act in the capacity of an independent contractor and not as an officer, employee, or agent of the State of j
<br /> Florida. Nor shall the Recipient represent to others that, as the Recipient, it has the authority to bind DEO
<br /> unless specifically authorized to do so.
<br /> (b) Neither the Recipient, nor its officers, agents, employees, subcontractors, or assignees are entitled to State
<br /> retirement or State leave benefits,or to any other compensation of State employment as a result of performing
<br /> the duties and obligations of this Agreement.
<br /> (c) The Recipient agrees to take such actions as may be necessary to ensure that each subcontractor will be deemed
<br /> to be an independent contractor and will not be considered or permitted to be an agent, employee,servant,joint
<br /> venturer,or partner of the State of Florida.
<br /> (d) Unless justified by the Recipient, and agreed to by DEO in the Scope of Work,DEO will not furnish services
<br /> of support (e.g., office space, office supplies, telephone service, secretarial, or clerical support) to the Recipient j
<br /> or its subcontractor or assignee.
<br /> (e) DEO shall not be responsible for withholding taxes with respect to the Recipient's use of funds under this C
<br /> Agreement. The Recipient shall have no claim against DEO for vacation pay, sick leave, retirement benefits,
<br /> social security, workers' compensation, health or disability benefits, reemployment assistance benefits, or
<br /> employee benefits of any kind. The Recipient shall ensure that its employees, subcontractors,and other agents,
<br /> receive benefits and necessary insurance (health, workers' compensation, reemployment assistance benefits)
<br /> from an employer other than the State of Florida.
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<br /> (f) The Recipient,at all times during the Agreement,must comply with the reporting and Reemployment Assistance
<br /> contribution payment requirements of chapter 443, F.S.
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