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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 which causes delays or the reasonable likelihood of delay in the fulfillment of
<br /> the 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, which 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. 071R2 , Page 7 of 8
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