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is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new
<br />parent company guarantee all of the obligations of Grantee.
<br />34. Survival.
<br />The respective obligations of the parties, which by their nature would continue beyond the termination or expiration
<br />of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and
<br />public records, shall survive termination, cancellation, or expiration of this Agreement.
<br />35. Third Parties.
<br />The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its
<br />agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This
<br />Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If
<br />Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third -
<br />party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement.
<br />36. Severability.
<br />If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions
<br />are severable to that void provision, and shall remain in full force and effect.
<br />37. Grantee's Employees, Subcontractors and Agents.
<br />All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained
<br />technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of
<br />technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under
<br />Agreement must comply with all security and administrative requirements of Department and shall comply with all
<br />controlling laws and regulations relevant to the services they are providing under the Agreement.
<br />38. Assignment.
<br />The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under
<br />any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event
<br />of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly
<br />waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its
<br />intent to do so.
<br />39. Compensation Report.
<br />If this Agreement is a sole -source, public-private agreement or if the Grantee, through this agreement with the State,
<br />annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the
<br />Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for
<br />the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed -in leave, cash
<br />equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout.
<br />The Grantee must also inform the Department of any changes in total executive compensation between the annual
<br />reports. All compensation reports must indicate what percent of compensation comes directly from the State or
<br />Federal allocations to the Grantee.
<br />40. Disclosure of Gifts from Foreign Sources.
<br />If the value of the grant under this Agreement is $100,000 or more, Grantee shall disclose to Department any current
<br />or prior interest of, any contract with, or any grant or gift received from a foreign country of concern, as defined in
<br />section 286.101, F.S., if such interest, contract, or grant or gift has a value of $50,000 or more and such interest
<br />existed at any time or such contract or grant or gift was received or in force at any time during the previous 5 years.
<br />Such disclosure shall include the name and mailing address of the disclosing entity, the amount of the contract or
<br />grant or gift or the value of the interest disclosed, the applicable foreign country of concern and, if applicable, the
<br />date of termination of the contract or interest, the date of receipt of the grant or gift, and the name of the agent or
<br />controlled entity that is the source or interest holder. If the disclosure requirement is applicable as described above,
<br />then within 1 year before applying for any grant, Grantee must also provide a copy of such disclosure to the
<br />Department of Financial Services.
<br />41. Food Commodities.
<br />To the extend authorized by federal law, the Department, its grantees, contractors and subcontractors shall give
<br />preference to food commodities grown or produced in this state when purchasing food commodities, including farm
<br />products as defined in section 823.14, F.S., of any class, variety, or use thereof in their natural state or as processed
<br />by a farm operation or processor for the purpose of marketing such product.
<br />42. Anti-human Trafficking.
<br />Attachment 1
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<br />Rev. 9/10/2024
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