|
provide SUBGRAN'l'P:E a written notice ofdefault letter. SUBGRANTEE shall have 15 calendar days
<br />to cute the default. If the default is not cured by the SUBGRANTEE within the stated period, tite
<br />DIVISION shall terminate this agreement, unless the SUBGRANTEE demonstrates good cause as to why
<br />it cannot cute the default within the prescribed time period. For purposes of this agreement, "good cause"
<br />is defined as circumstances beyond the SUBGRANI'EE's control. In die event of termination of this
<br />agreement, the SUBGRANTEE will be compensated for any work satisfactorily completed prior to the
<br />notification of termination.
<br />T'he Division shall unilaterally cancel this agreement ifthe SUBGRANTEE refuses to allow public
<br />access to all documents or other materials subject to the provisions of chapter 119, Florida Statutes.
<br />Surplus funds must be temporarily invested and the interest earned on such investments shall be
<br />returned to the State quarterly.
<br />h. Bills for services or expenses shall be maintained in detail sufficient for proper preaudit and postaudit.
<br />i. Any travel expenses must be maintained according to the provisions of Section 112,061, Florida
<br />5rr+fares.
<br />j. The DIVISION shall not be liable to pay attorney fees, interest, late charges and service fees, or cost
<br />ofcnllection related to the grant.
<br />'flue DIVISION shall not assume any liability for the acts, omissions to act or negligence of the
<br />SUBGRANTEE, its agents, servants or employees; not shall the SUBGRANTEE exclude liability for
<br />its own acts, omissions to act or negligence to the DIVISION. In addition, the SUBGRANTEE
<br />hereby agrees to be responsible for any injury or property damage resulting from any activities
<br />conducted by the SUBGRANTEF.
<br />1. The SUBGRANTEE, other than a SUBGRANTEE which is the State or agency or subdivision of the
<br />State, agrees to indemnify and hold the DIVISION harmless from and against any and all claims or
<br />demands for damages of any nature, including but not limited to personal injury, death, or damage to
<br />property, arising out of any activities performed under this agreement and shall investigate all claims
<br />at its own expense.
<br />m. The SUBGRANTEE shall be responsible for all work perforned and all expenses incurred in
<br />connection with the Project. no SUBGRANTEE may subcontract as necessary to perform the
<br />services set forth in this agreement, including entering into subcontracts with vendors for services and
<br />commodities, PROVIDED TITAT such subcontract has been approved by the DIVISION prior to its
<br />execution, and PROVIDED THAT it is understood by the SUBGRANTEE that tine DIVISION shall
<br />not be liable to the Subcontractor for any expenses or liabilities incurred under the subcontract and
<br />that the SUBGRANTEE shall be solely liable to the Subcontractor for all expenses and liabilities
<br />incurred under the subcontract.
<br />H. Neither the State nor any agency or subdivision of the State waives any defense of sovereign
<br />immunity, at increases the limits of its liability, upon entering into a contractual relationship.
<br />o. Tile SUBGRANTEE, its officers, agents, and employees, in performance of this agreement, shall act
<br />in the capacity of an independent contractor and not as an officer, employee or agent of the
<br />DIVISION. Under this agreement, SUBGRANTEE is not entitled to accrue any benefits of state
<br />employment, including retirement benefits and any other rights or privileges connected with
<br />employment in the State Career Service. SUBGRANTEE agrees to take such steps as may be
<br />necessary to ensure that each subeoniractor of the SUBGRANTEE will be deemed in be an
<br />independent contractor and will not be considered or permitted to be an agent, servant, joint venturer,
<br />or partner of the DIVISION.
<br />p, The SUBGRANTEE shall not assign, sublicense or otherwise transfer its rights, duties, or obligations
<br />under this agreement without prior written consent of the Department, which consent shall not be
<br />unreasonably withheld. The agreement transferee must demonstrate compliance with the requirements
<br />of the program. If the Department approves a transfer rtf the SUBGRANTEE's obligations, the
<br />SUBGRANTEE remains responsible for all work performed and all expenses incurred in connection
<br />with the agreement. In the event the Legislature transfers the rights, duties, and obligations ofthe
<br />Department to another government entity pursuant to section 20.06, Florida Slarnres, or otherwise, the
<br />rights, duties, and obligations under this agreement shall also be transferred to the successor
<br />gove.mment entity as if ii were an original party to the agreement.
<br />q. This agreement shall bind the successors, assigns and legal representatives of the SUBGRANTEE and
<br />of any legal entity that succeeds to the obligation of the DIVISION.
<br />r. When publications, filrns or similar materials are developed, directly or indirectly, from a program,
<br />project, or activity supported with grant funds, any copyright resulting therefrom shall be held by the
<br />page 3of4
<br />
|