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2014-160
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Last modified
3/13/2017 4:02:05 PM
Creation date
1/13/2017 10:00:43 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/04/2014
Control Number
2014-160
Agenda Item Number
8.O.
Entity Name
Florida Department of Environmental Protection
Subject
Wabasso Beach Restoration Project
Grant Agreement
Area
Wabasso Beach
Project Number
14IR3
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29. This Agreement has been delivered in the State of Florida and shall be construed in accordance with <br />the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such <br />manner as to be effective and valid under applicable law. If any provision of this Agreement shall be <br />prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such <br />prohibition or invalidity, without invalidating the remainder of such provision or the remaining <br />provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon <br />County, Florida. <br />30. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or <br />default by either party under this Agreement, shall impair any such right, power or remedy of either <br />party. Nor shall such delay or failure be construed as a waiver of any such breach or default, or any <br />similar breach or default thereafter. <br />31. To the extent required by law, the LOCAL SPONSOR will be self-insured against, or will secure and <br />maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees <br />connected with the work of this project. In the case any work is subcontracted, the LOCAL SPONSOR <br />shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the <br />subcontractor's employees unless such employees are covered by the protection afforded by the <br />LOCAL SPONSOR. Such self-insurance program or insurance coverage shall comply fully with the <br />Florida Workers' Compensation Law, Chapter 440, Florida Statutes. In case any class of employees <br />engaged in hazardous work under this Agreement is not protected under Workers' Compensation <br />statutes, the LOCAL SPONSOR shall provide, and cause each subcontractor to provide, adequate <br />insurance satisfactory to the DEPARTMENT, for the protection of its employees not otherwise <br />protected. <br />32. The LOCAL SPONSOR warrants and represents that it is self-funded for liability insurance, <br />appropriate and allowable under Florida law, and that such self-insurance offers protection applicable <br />to the LOCAL SPONSOR's officers, employees, servants and agents while acting within the scope of <br />their employment with the LOCAL SPONSOR. <br />33. The LOCAL SPONSOR recognizes that the State of Florida, by virtue of its sovereignty, is not <br />required to pay any taxes on the services or goods purchased under the terms of this Agreement. <br />34. This Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest <br />in any third party without the mutual written agreement of the parties hereto. <br />35. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall <br />be excluded from participation in; be denied the proceeds or benefits of; or be otherwise <br />subjected to discrimination in performance of this Agreement. <br />B. An entity or affiliate who has been placed on the discriminatory vendor list maintained by the <br />Florida Department of Management Services may not submit a bid on a contract to provide <br />goods or services to a public entity, may not submit a bid on a contract with a public entity for <br />the construction or repair of a public building or public work, may not submit bids on leases <br />of real property to a public entity, may not award or perform work as a contractor, supplier, <br />subcontractor, or consultant under contract with any public entity, and may not transact <br />business with any public entity. Questions regarding the discriminatory vendor list may be <br />directed to the Florida Department of Management Services, Office of Supplier Diversity at <br />(850) 487-0915. <br />36. A. The accounting systems for all LOCAL SPONSORS must ensure that these funds are not <br />commingled with funds from other agencies. Funds from each agency must be accounted for <br />DEP Agreement No. 14IR3, Page 7 of 11 <br />
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