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b) Any rights of copyright to which the grantee, subgrantee or a contractor purchases ownership with grant <br />support. <br />The Subgrantee shall include the foregoing paragraph in all of its subcontracts. <br />33. Independent Contractor Status of Subgrantee. The Subgrantee, if not a state agency, agrees that its <br />officers, agents and employees, in performance of this Agreement, shall act in the capacity of independent <br />contractors and not as officers, agents or employees of the state. The Subgrantee is not entitled to accrue any <br />benefits of state employment, including retirement benefits and any other rights or privileges connected with <br />employment by the State of Florida. <br />34. Subgrantee's Subcontractors. The Subgrantee shall be responsible for all work performed and all expenses <br />incurred in connection with this Agreement. The Subgrantee may subcontract, as necessary, to perform the <br />services and to provide commodities required by this Agreement. The Division shall not be liable to any <br />subcontractor(s) for any expenses or liabilities incurred under the Subgrantee's subcontract(s), and the <br />Subgrantee shall be solely liable to its subcontractor(s) for all expenses and liabilities incurred under its <br />subcontract(s). The Subgrantee must take the necessary steps to ensure that each of its subcontractors will be <br />deemed to be independent contractors and will not be considered or permitted to be agents, servants, joint <br />venturers or partners of the Division. <br />35. Liability.The Division will not assume any liability for the acts, omissions to act or negligence of the <br />Subgrantee, its agents, servants or employees; nor may the Subgrantee exclude liability for its own acts, <br />omissions to act or negligence to the Division. <br />a) The Subgrantee shall be responsible for claims of any nature, including but not limited to injury, death <br />and property damage arising out of activities related to this Agreement by the Subgrantee, its agents, <br />servants, employees and subcontractors.. The Subgrantee shall indemnify and hold the Division harmless <br />from any and all claims of any nature and shall investigate all such claims at its own expense. If the <br />Subgrantee is governed by Section 768.28, Florida Statutes, it shall only be obligated in accordance <br />with this Section. <br />b) Neither the state nor any agency or subdivision of the state waives any defense of sovereign immunity or <br />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 cost of <br />collection related to this Agreement. <br />d) The Subgrantee shall be responsible for all work performed and all expenses incurred in connection with <br />the project. The Subgrantee may subcontract as necessary to perform the services set forth in this <br />Agreement, including entering into subcontracts with vendors for services and commodities, provided <br />that such subcontract has been approved in writing by the Department prior to its execution and <br />provided that it is understood by the Subgrantee that the Department shall not be liable to the <br />subcontractor for any expenses or liabilities incurred under the subcontract and that the Subgrantee shall <br />be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. <br />36. Strict Compliance with Laws. The Subgrantee shall perform all acts required by this Agreement in strict <br />Page: 10 <br />IDUS ,nm-ded required match from 33% to 20° o in AtgLbt 2020. 43 <br />LSTA Omit Ageen-ent (Foran DLIS/LSTA01) <br />Chapter 1B -2.011(2)(d), Florzda Administrative Code, effective 03-2020 <br />