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35. When applicable, the LOCAL SPONSOR shall also notify the DEPARTMENT's Project Manager of
<br />the solicitation list from which an intended subcontractor was selected. Upon the DEPARTMENT's
<br />request, the LOCAL SPONSOR shall furnish copies of the respective solicitation documents, including
<br />the solicitation and responses thereto, the bid tabulations and the resulting contract(s), including a
<br />detailed scope of work.
<br />36. The LOCAL SPONSOR warrants and represents that it is self-funded for liability insurance, appropriate
<br />and allowable under Florida Law, and that such self-insurance offers protection applicable to the
<br />LOCAL SPONSOR's officers, employees, servants and agents while acting within the scope of their
<br />employment with the LOCAL SPONSOR.
<br />37. The purchase of non -expendable equipment costing $1,000 or more is not authorized under the terms
<br />and conditions of this Agreement.
<br />38. The DEPARTMENT may at any time, by written order designated to be a change order, make any
<br />change in the work within the general scope of this Agreement (e.g., specifications, task timeline within
<br />current authorized Agreement period, method or manner of performance, requirements, etc.). All
<br />change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change
<br />order which causes an increase or decrease in the LOCAL SPONSOR's cost or time shall require an
<br />appropriate adjustment and modification (formal amendment) to this Agreement.
<br />39. The LOCAL SPONSOR shall comply with all applicable federal, state and local rules and regulations in
<br />providing services to the DEPARTMENT under this Agreement. The LOCAL SPONSOR
<br />acknowledges that this requirement includes compliance with all applicable federal, state and local
<br />health and safety rules and regulations. The LOCAL SPONSOR further agrees to include this provision
<br />in all subcontracts issued as a result of this Agreement.
<br />40. if a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of the
<br />requirements of this Agreement, the LOCAL SPONSOR shall promptly notify the DEPARTMENT
<br />orally and shall, within seven (7) calendar days, notify the DEPARTMENT in writing of the anticipated
<br />length and cause of the delay, the measures taken or to be taken to minimize the delay, and the LOCAL
<br />SPONSOR's intended timetable for implementation of such measures. If the parties agree that the delay
<br />or anticipated delay was caused, or will be caused by a force majeure, time for performance under this
<br />Agreement may be extended, at the discretion of the DEPARTMENT, for a period of time equal to the
<br />delay resulting from the force majeure. Such agreement shall be confirmed by letter from the
<br />DEPARTMENT accepting, or if necessary, modifying the extension. A force majeure shall be an act of
<br />God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot,
<br />lightning, fire, flood, explosion, failure to receive timely necessary governmental or third party
<br />approvals, governmental restraint, and any other cause, whether of the kind specifically enumerated
<br />herein or otherwise, that is not reasonably within the control of the LOCAL SPONSOR and/or the
<br />DEPARTMENT. The LOCAL SPONSOR is responsible for the performance of all services issued
<br />under this Agreement. Failure to perform by the LOCAL SPONSOR's consultant(s) or subcontractor(s)
<br />shall not constitute a force majeure event.
<br />41. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes,
<br />modifications or waivers of provisions of this Agreement shall only be valid when they have been
<br />reduced to writing, duly signed by each of the parties hereto, and attached to the original of this
<br />Agreement, unless otherwise provided herein.
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<br />DEP Agreement No. 07IR3, Page 7 of 8
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