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2015-175A
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2015-175A
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24. Grantee's Subcontractors. The Grantee shall be responsible for all work performed and all <br />expenses incurred in connection with this Agreement. The Grantee may subcontract, as <br />necessary, to perform the services and to provide commodities required by this Agreement. <br />The Division shall not be liable to any subcontractor(s) for any expenses or liabilities <br />incurred under the Grantee's subcontract(s), and the Grantee shall be solely liable to its <br />subcontractor(s) for all expenses and liabilities incurred under its subcontract(s). The Grantee <br />must take the necessary steps to ensure that each of its subcontractors will be deemed to be <br />independent contractors and will not be considered or permitted to be agents, servants, joint <br />venturers or partners of the Division. <br />25. Liability. The Division will not assume any liability for the acts, omissions to act or <br />negligence of the Grantee, its agents, servants or employees; nor may the Grantee exclude <br />liability for its own acts, omissions to act or negligence to the Division. <br />a) The Grantee shall be responsible for claims of any nature, including but not limited to <br />injury, death and property damage arising out of activities related to this Agreement by <br />the Grantee, its agents, servants, employees and subcontractors. The Grantee shall <br />indemnify and hold the Division harmless from any and all claims of any nature and shall <br />investigate all such claims at its own expense. If the Grantee is governed by Section <br />768.28, Florida Statutes, it shall only be obligated in accordance with this Section. <br />b) Neither the state nor any agency or subdivision of the state waives any defense of <br />sovereign immunity or increases the limits of its liability by entering into this Agreement. <br />c) The Division shall not be liable for attorney fees, interest, late charges or service fees, or <br />cost of collection related to this Agreement. <br />d) The Grantee shall be responsible for all work performed and all expenses incurred in <br />connection with the project. The Grantee may subcontract as necessary to perform the <br />services set forth in this Agreement, including entering into subcontracts with vendors for <br />services and commodities, provided that such subcontract has been approved in writing <br />by the Department prior to its execution and provided that it is understood by the Grantee <br />that the Department shall not be liable to the subcontractor for any expenses or liabilities <br />incurred under the subcontract and that the Grantee shall be solely liable to the <br />subcontractor for all expenses and liabilities incurred under the subcontract. <br />26. Strict Compliance with Laws. The Grantee shall perform all acts required by this <br />Agreement in strict conformity with all applicable laws and regulations of the local, state and <br />federal law. For consequences of noncompliance, see Section 19, Noncompliance. <br />27. No Discrimination. The Grantee may not discriminate against any employee employed <br />under this Agreement or against any applicant for employment because of race, color, <br />religion, gender, national origin, age, handicap or marital status. The Grantee shall insert a <br />similar provision in all of its subcontracts for services under this Agreement. <br />State Aid to Libraries Grant Agreement Page 7 of 17 <br />Chapter 1 B -2.011(2)(a), Florida Administrative Code, Effective 4-2015. <br />
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