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A TRUE COPY
<br />CERTIFICATION ON LAST PAGE
<br />J.R. SMITH, CLERK
<br />26. Availability of State Funds. The State of Florida's performance and obligation to pay under this Agreement are
<br />contingent upon an annual appropriation by the Florida Legislature, or the United States Congress in the case of a
<br />federally funded grant. United States Congress in the case of a federally funded grant. In the event that the state or
<br />federal funds upon which this Agreement is dependent are withdrawn, this Agreement will be automatically terminated
<br />and the Division shall have no further liability to the Grantee, beyond those amounts already released prior to the
<br />termination date. Such termination will not affect the responsibility of the Grantee under this Agreement as to those funds
<br />previously distributed. In the event of a state revenue shortfall, the total grant may be reduced accordingly.
<br />27. Independent Contractor Status of Grantee. The Grantee, if not a state agency, agrees that its officers, agents and
<br />employees, in performance of this Agreement, shall act in the capacity of independent contractors and not as officers,
<br />agents, or employees of the state. The Grantee is not entitled to accrue any benefits of state employment, including
<br />retirement benefits and any other rights or privileges connected with employment by the State of Florida.
<br />28. Grantee's Subcontractors. The Grantee shall be responsible for all work performed and all expenses incurred in
<br />connection with this Agreement. The Grantee may subcontract, as necessary, to perform the services and to provide
<br />commodities required by this Agreement. The Division shall not be liable to any subcontractor(s) for any expenses or
<br />liabilities incurred under the Grantee's subcontract(s), and the Grantee shall be solely liable to its subcontractor(s) for all
<br />expenses and liabilities incurred under its subcontract(s). The Grantee must take the necessary steps to ensure that each of
<br />its subcontractors will be deemed to be "independent contractors" and will not be considered or permitted to be agents,
<br />servants, joint ventures, or partners of the Division.
<br />29. Liability. The Division will not assume any liability for the acts, omissions to act, or negligence of, the Grantee, its
<br />agents, servants, or employees; nor may the Grantee exclude liability for its own acts, omissions to act, or negligence, to
<br />the Division.
<br />a. The Grantee shall be responsible for claims of any nature, including but not limited to injury, death, and property
<br />damage arising out of activities related to this Agreement by the Grantee, its agents, servants, employees, and
<br />subcontractors. The Grantee, other than a Grantee which is the State or the State's agencies or subdivisions, as
<br />defined in Section 768.28, Florida Statutes, shall indemnify and hold the Division harmless from any and all claims
<br />of any nature and shall investigate all such claims at its own expense. If the Grantee is governed by Section 768.28,
<br />Florida Statutes, it shall only be obligated in accordance with that Section.
<br />b. Neither the state nor any agency or subdivision of the state waives any defense of sovereign immunity, or increases
<br />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 cost of collection related to
<br />this Agreement.
<br />d. The Grantee shall be responsible for all work performed and all expenses incurred in connection with the Project.
<br />The Grantee may subcontract as necessary to perform the services set forth in this Agreement, including entering
<br />into subcontracts with vendors for services and commodities; and provided that it is understood by the Grantee that
<br />the Division shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and
<br />that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the
<br />subcontract.
<br />30. Strict Compliance with Laws. The Grantee shall perform all acts required by this Agreement in strict conformity with
<br />all applicable laws and regulations of the local, state and federal law.
<br />31. No Discrimination. The Grantee may not discriminate against any employee employed under this Agreement, or
<br />against any applicant for employment because of race, color, religion, gender, national origin, age, pregnancey, handicap
<br />or marital status. The Grantee shall insert a similar provision in all of its subcontracts for services under this Agreement.
<br />32. Breach of Agreement. The Division will demand the return of grant funds already received, will withhold subsequent
<br />payments, and/or will terminate this agreement if the Grantee improperly expends and manages grant funds, fails to
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