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2005-384
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2005-384
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Last modified
8/15/2016 2:18:51 PM
Creation date
9/30/2015 9:27:17 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/06/2005
Control Number
2005-384
Agenda Item Number
7.K.
Entity Name
Florida Department of Community Affairs
Subject
Hurricane Disaster Relief Funding Agreement - Hurricane Wilma
Supplemental fields
SmeadsoftID
5291
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Agreement and invoke its remedies under the Agreement as per Articles XVIII and XXIII of this Agreement. <br /> ARTICLE XIV. Nondiscrimination by Contractors. Subgrantee shall undertake an active program of <br /> nondiscrimination in its administration of disaster assistance under this Agreement, as per 44 Code Federal <br /> Regulatons Parts 7 and 16, and 44 Code of Federal Regulations Part 206 .36 . Subgrantee shall also be subject to the <br /> requirements in the General Services Administrative Consolidated List of Debarred, Suspended and Ineligible <br /> Contractors, in accordance with 44 Code of Federal Regulations Part 17. <br /> ARTICLE XV. Modification . The time for performance of this Agreement may be extended once unless the <br /> failure of Subgrantee to close out the project is caused by events beyond its control. A modification extending the <br /> time for completion of the project and any other modification shall be in writing, and shall take effect only upon <br /> execution by both parties . Modifications to any Project Worksheet to be funded under this Agreement may be <br /> requested by Subgrantee through Grantee, but the approval of any such modifications shall reside in the sole <br /> discretion of the Federal Emergency Management Agency. Any approved modification to a Project Worksheet shall <br /> be noted in an additional Project Worksheet version for the project. If otherwise allowed under this Agreement, any <br /> extension shall be in writing and shall be subject to the same terms and conditions as those set out in the initial <br /> Agreement. <br /> ARTICLE XVI. Time for Performance. Time shall be of the essence of this Agreement and of the <br /> performance of all conditions under it. Subject to any modification extending the time for the performance of this <br /> Agreement approved by Grantee or the Federal Emergency Management Agency, the time for the completion of . <br /> emergency work shall be six (6) months from the date of the Presidential Declaration. For Large Projects the <br /> Summary of Documentation and the supporting documents identified in Article VI of this Agreement shall be <br /> submitted to the Grantee not later than sixty (60) days after the extension date of the last modification extending the <br /> Agreement. Subgrantee shall submit the completed Project Listing to Grantee not later than thirty (30) days from <br /> the completion of all work, or the approval of the Final Inspection by the Federal Emergency Management Agency, <br /> whichever is later. The time for the performance of this Agreement may be extended for cause by Grantee. <br /> Extensions shall not be approved for delays caused by lack of cost-share funding. If any extension request is denied, <br /> Subgrantee shall be reimbursed for eligible project costs incurred up to the latest approved date for timely <br /> completion. Failure to complete any project will be adequate cause for the termination of funding for that project. <br /> ARTICLE XVII. Contracts With Others . If the Subgrantee contracts with any other contractor or vendor <br /> for performance of all or any portion of the work required under this Agreement, the Subgrantee shall incorporate <br /> into its contract with such contractor or vendor an indemnification clause holding Grantee and Subgrantee harmless <br /> from liability to third parties for claims asserted under such contract. <br /> ARTICLE XVIII. Termination . Either of the parties may terminate this Agreement by notice in writing <br /> delivered to the address specified in Article XXV of this Agreement. Such termination shall take effect thirty (30) <br /> days after the date of such notice. Such termination shall not affect the rights, interests, duties or responsibilities of <br /> either of the parties or any allowable costs that have accrued as of the date of the notice of termination. <br /> ARTICLE XIX. Liability. Grantee assumes no liability to third parties in connection with this Agreement. <br /> Unless the Subgrantee is a governmental entity covered by § 768 .28 (5), Florida Statute, the Subgrantee shall be <br /> solely responsible to any and all contractors, vendors, and other parties with whom it contracts in performing this <br /> Agreement. Unless the Subgrantee is a governmental entity within the meaning of the preceding sentence, <br /> Subgrantee shall indemnify Grantee from claims asserted by third parties in connection with the performance of this <br /> Agreement, holding Grantee and Subgrantee harmless from the same. Also : <br /> A. For the purpose of this Agreement, the Grantee and Subgrantee agree that neither one is an employee or <br /> 6 <br />
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