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2018-124
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2018-124
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Last modified
12/30/2020 12:44:06 PM
Creation date
7/3/2018 3:51:24 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/03/2018
Control Number
2018-124
Agenda Item Number
8.F.
Entity Name
Florida Division Emergency Management
Homeland Security
Subject
Federally Funded Subaward and Grant Agreement
Alternate Name
EMPA
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the terms of this Agreement; as authorized by section 768.28(19), Florida Statutes, Sub -Recipient shall <br />hold the Division harmless against all claims of whatever nature by third parties arising from the work <br />performance under this Agreement. For purposes of this Agreement, Sub -Recipient agrees that it is not <br />an employee or agent of the Division, but is an independent contractor. <br />B. As required by section 768.28(19), Florida Statutes, any Sub -Recipient which is a <br />state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully <br />responsible for its negligent or tortious acts or omissions which result in claims or suits against the <br />Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the <br />extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of <br />sovereign immunity by any Sub -Recipient to which sovereign immunity applies. Nothing herein shall be <br />construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in <br />any matter arising out of any contract. <br />21. ATTACHMENTS <br />A. All attachments to this Agreement are incorporated as if set out fully. <br />B. In the event of any inconsistencies or conflict between the language of this <br />Agreement and the attachments, the language of the attachments shall control, but only to the extent of <br />the conflict or inconsistency. <br />C.. This Agreement has the following attachments: <br />(1) Attachment A — Budget <br />(2) Attachment B — Scope of Work/Deliverables <br />(3) Attachment C — Program Statutes and Regulations <br />(4) Attachment D — Reports <br />(5) Attachment E — Justification of Advance Payment <br />(6) Attachment F — Warranties and Representations <br />(7) Attachment G — Certification Regarding Debarment <br />(8) Attachment H — Statement of Assurances <br />(9) Attachment I — Mandatory Contract Provisions <br />(10) Attachment J —Allowable Costs and Eligible Activities <br />22. MANDATED CONDITIONS <br />A. The validity of this Agreement is subject to the truth and accuracy of all the <br />information, representations, and materials submitted or provided by the Sub -Recipient in this Agreement, <br />in any later submission or response to a Division request, or in any submission or response to fulfill the <br />requirements of this Agreement. All of said information, representations, and materials are incorporated <br />by reference. The inaccuracy of the submissions or any material changes shall, at the option of the <br />Division and with thirty days' written notice to the Sub -Recipient, cause the termination of this Agreement <br />and the release of the Division from all its obligations to the Sub -Recipient. <br />17 <br />
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