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2006-306
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Last modified
8/26/2016 3:39:58 PM
Creation date
9/30/2015 10:01:04 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Grant
Approved Date
09/12/2006
Control Number
2006-306
Agenda Item Number
7.Q.
Entity Name
Florida Division of Historical Resources
Subject
Historic Preservation Grant award No. S0753
Supplemental fields
SmeadsoftID
5810
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amendments, but said review and approval shall not be construed as acceptance by or imposition <br /> upon the Department of any financial liability in connection with said contracts . <br /> B . The Department shall review and approve detailed plans, specifications, and other bid documents <br /> for construction work relating to the Project prior to the execution of any contract for such work; <br /> review and comment on all preliminary reports and recommendations; and confer with the Grantee <br /> and its professional consultants as necessary throughout the course of the Project, to assure <br /> compliance with the objectives, requirements and limitations of the State Historic Preservation <br /> Program. <br /> Within 30 days of completion of project work, the Grantee shall submit the completed "Final Progress & <br /> Expenditure Report" to the Department. The Department shall retain ten percent of the total grant award <br /> until receipt and approval by the Department of the Grantee 's "Final Project Progress & Expenditure <br /> Report" and verification that the match requirement has been satisfied. <br /> IV. The payment schedule of grant funds shall be subject to the timely filing of required reports and to any <br /> special conditions required by the Office of the Comptroller, State of Florida. <br /> When advance payments have been made by the Department, surplus funds must be temporarily invested in <br /> a separate interest-bearing account and the interest earned on such investments shall be returned to the <br /> State. The Grantee shall report and document interest earnings quarterly, and shall remit the total interest <br /> earned at the end of the grant period in the form of a check or money order made payable to the Florida <br /> Department of State. <br /> V. This Agreement is executed and entered into in the State of Florida, and shall be construed, performed, and <br /> enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall <br /> perform its obligations hereunder in accordance with the terms and conditions of this Agreement. <br /> VI. If any term or provision of this Agreement is found to be illegal and unenforceable, the remainder of this <br /> Agreement shall remain in full force and effect and such term or provision shall be deemed stricken. <br /> VII. No delay or omission to exercise any right, power or remedy accruing to either party upon breach or default <br /> by either party under this Agreement, shall impair any such right, power or remedy of either party; nor shall <br /> such delay or omission be construed as a waiver of any such breach or default, or any similar breach or <br /> default. <br /> VIII. Each grantee, other than a grantee which is a State agency, agrees that, its officers, agents and employees, <br /> in performance of this Agreement shall act in the capacity of an independent contractor and not as an <br /> officer, employee or agent of the State. Each grantee, other than a grantee which is a State agency, is not <br /> entitled to accrue any benefits including retirement benefits and any other rights or privileges connected <br /> with employment in the State Career Service. The Grantee agrees to take such steps as may be necessary to <br /> ensure that each subcontractor of the Grantee will be deemed to be an independent contractor and will not <br /> be considered or permitted to be an agent, servant, joint venturer, or partner of the State. <br /> LY. The Grantee shall not assign, sublicense or otherwise transfer its rights, duties or obligations under this <br /> Agreement without prior written consent of the Department which consent shall not be unreasonably <br /> withheld. The Agreement transferee must also demonstrate compliance with Chapter 1A-35, Florida <br /> Administrative Code. If the Department approves a transfer of the Grantee' s obligations, the Grantee <br /> remains responsible for all work performed and all expenses incurred in connection with the Agreement. In <br /> the event the Legislature transfers the rights, duties and obligations of the Department to another <br /> government entity pursuant to Section 20.06, Florida Statutes, or otherwise, the rights, duties and <br /> obligations under this Agreement shall also be transferred to the successor government entity as if it were <br /> an original party to the Agreement. <br />
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