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2022-157H
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Last modified
1/3/2023 10:40:58 AM
Creation date
10/6/2022 9:44:49 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/16/2022
Control Number
2022-157H
Agenda Item Number
8.AR.
Entity Name
Florida Division of Historical Resources
Kroegel Homestead
Subject
Agreement for the Kroegel Homestead Historic Structures, Condition Assessment
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dependent are withdrawn, this Agreement will be automatically terminated and the Division shall have no further <br />liability to the Grantee, beyond those amounts already released prior to the termination date. Such termination <br />will not affect the responsibility of the Grantee under this Agreement as to those funds previously distnbuted. <br />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, <br />agents and employees, in performance of this Agreement, shall act in the capacity of independent contractors <br />and not as officers, agents, or employees of the state. The Grantee is not entitled to accrue any benefits of <br />state employment, inchzding retirement benefits and any other rights or privileges connected with employment <br />by the State of Florida. <br />28. Grantee's Subcontractors. The Grantee shall be responsible for all work performed and all expenses <br />incurred in connection with this Agreement. The Grantee 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 Grantee's subcontract(s), and the Grantee <br />shall be solely liable to its subcontractor(s) for all expenses and liabilities incurred under its subcontract(s). The <br />Grantee 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 ventures, or <br />partners of the Division. <br />29. Liability. The Division will not assume any liability for the acts, omissions to act, or negligence of, the <br />Grantee, its agents, servants, or employees; nor may the Grantee exclude liability for its own acts, omissions to <br />act, or negligence, to the Division. <br />a) The Grantee shall be responsible for claims of any nature, including but not limited to injury, death, and <br />property damage arising out of activities related to this Agreement by the Grantee, its agents, servants, <br />employees, and subcontractors. The Grantee, other than a Grantee which is the State or the State's <br />agencies or subdivisions, as defined in Section 768.28, Florida Statutes, shall indemnify and hold the <br />Division harmless from any and all claims of any nature and shall investigate all such claims at its own <br />expense. If the Grantee is governed by Section 768.28, Florida Statutes, it shall only be obligated in <br />accordance with that 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 Grantee shall be responsible for all work performed and all expenses incurred in connection with the <br />Project. The Grantee may subcontract as necessary to perform the services set forth in this Agreement, <br />including entering into subcontracts with vendors for services and commodities; and provided that it is <br />understood by the Grantee that the Division shall not be liable to the subcontractor for any expenses or <br />liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor <br />for all expenses and liabilities incurred under the subcontract. <br />30. Strict Compliance with Laws. The Grantee shall perform all acts required by this Agreement in strict <br />Page: 10 <br />
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