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2008-299
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2008-299
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Last modified
4/11/2016 1:44:44 PM
Creation date
10/1/2015 12:37:37 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/16/2008
Control Number
2008-299
Agenda Item Number
15.A.2
Entity Name
Division of Emergency Management
Subject
Federally-Funded Subgrant Agreement Emergency Management Preparedness
Project Number
09-BG-20-10-40-01
Supplemental fields
SmeadsoftID
7582
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addition , the Division will monitor the performance and financial management by the Recipient throughout <br /> the contract term to ensure timely completion of all tasks . <br /> (9) LIABILITY <br /> (a) Unless Recipient is a State agency or subdivision , as defined in Section 768 .28 , Fla . <br /> Stat. , the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, <br /> and shall hold the Division harmless against all claims of whatever nature by third parties arising from the <br /> work performance under this Agreement. For purposes of this Agreement , Recipient agrees that it is not <br /> an employee or agent of the Division , but is an independent contractor. <br /> (b) Any Recipient which is a state agency or subdivision , as defined in Section 768 . 28 , <br /> Fla . Stat. , agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims <br /> or suits against the Division , and agrees to be liable for any damages proximately caused by the acts or <br /> omissions to the extent set forth in Section 768 .28 , Fla . Stat. Nothing herein is intended to serve as a <br /> waiver of sovereign immunity by any Recipient to which sovereign immunity applies . Nothing herein shall <br /> be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties <br /> in any matter arising out of any contract. <br /> (10) DEFAULT . <br /> If any of the following events occur ("Events of Default') , all obligations on the part of the <br /> Division to make further payment of funds shall , if the Division elects , terminate and the Division has the <br /> option to exercise any of its remedies set forth in Paragraph (11 ) . However, the Division may make <br /> payments or partial payments after any Events of Default without waiving the right to exercise such <br /> remedies , and without becoming liable to make any further payment: <br /> (a) If any warranty or representation made by the Recipient in this Agreement or any <br /> previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient <br /> fails to keep or perform any of the obligations , terms or covenants in this Agreement or any previous <br /> agreement with the Division and has not cured them in timely fashion , or is unable or unwilling to meet its <br /> obligations under this Agreement; <br /> (b) If material adverse changes occur in the financial condition of the Recipient at any time <br /> during the term of this Agreement , and the Recipient fails to cure this adverse change within thirty days <br /> from the date written notice is sent by the Division . <br /> (c) If any reports required by this Agreement have not been submitted to the Division or <br /> have been submitted with incorrect, incomplete or insufficient information ; <br /> (d) If the Recipient has failed to perform and complete on time any of its obligations under <br /> this Agreement . <br /> 6 <br />
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