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2005-384
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agent of the other, but that each one stands as an independent contractor in relation to the other. <br /> B . Nothing in this Agreement shall be construed as a waiver by Grantee or Subgrantee of any legal <br /> immunity, nor shall anything in this Agreement be construed as consent by either of the parties to be sued by <br /> third parties in connection with any matter arising from the performance of this Agreement. <br /> C . Subgrantee represents that to the best of its knowledge any hazardous substances at its project site or sites <br /> are present in quantities within statutory and regulatory limitations, and do not require remedial action under <br /> any federal, state or local legal requirements concerning such substances. Subgrantee further represents that <br /> the presence of any such substance or any condition at the site caused by the presence of any such substance <br /> shall be addressed in accordance with all applicable legal requirements . <br /> ARTICLE XX. Reports. Subgrantee shall provide Quarterly Reports to Grantee, on the Quarterly Report <br /> Form conforming to the sample attached as Attachment E. The first Quarterly Report shall be due at such time as <br /> Subgrantee is notified. All subsequent Quarterly Reports shall be due no later than fifteen ( 15) days after each <br /> calendar quarter through final inspection. Quarterly Reports shall indicate the anticipated completion date for each <br /> project, together with any other circumstances that may affect the completion date, the scope of work, the project <br /> costs, or any other factors that may affect compliance with this Agreement. Interim inspections shall be scheduled <br /> by Subgrantee before the final inspection, and may be required by Grantee based on information supplied in the <br /> Quarterly Reports. Grantee may require additional reports as needed, and Subgrantee shall provide any additional <br /> reports requested by Grantee as soon as practicable. With respect to the Request for Advance or Reimbursement, <br /> the Summary of Documentation, and the Quarterly Reports, the contact for Grantee will be the State Public <br /> Assistance Officer. <br /> ARTICLE XXI. Standard Conditions . Subgrantee agrees to the following conditions : <br /> A. The performance and obligation of Grantee to pay under this Agreement is contingent upon an annual <br /> appropriation by the Legislature and is subject to any modification in accordance with Chapter 216, Florida <br /> Statute, and the disbursement to Grantee of federal funding in accordance with § 252 .37(4), Florida Statute <br /> B . Bills for fees or other compensation for services or expenses must be submitted in detail sufficient for a <br /> proper pre-audit and post-audit. <br /> C. Grantee may unilaterally terminate this Agreement for refusal by the Subgrantee or its contractors or <br /> subcontractors to allow public access to all documents, papers, letters or other material subject to the <br /> provisions of Chapter 119, Florida Statute, that are made or received by Subgrantee or its contractors and <br /> subcontractors in connection with this Agreement. <br /> D. Subgrantee agrees that no funds disbursed to it under this Agreement will be used for the purpose of <br /> lobbying the Legislature or any of its members, any employee of the State of Florida, any Member of <br /> Congress, any officer or employee of Congress, or any employee of a Member of Congress, in connection with <br /> this Agreement or any modifications to this Agreement. <br /> E . Subgrantee certifies that it possesses the legal authority to receive the funds . <br /> F. Subgrantee agrees that responsibility for compliance with this Agreement rests with Subgrantee, and <br /> further agrees that noncompliance with this Agreement shall be cause for the rescission, suspension or <br /> termination of funding under this Agreement, and may affect eligibility for funding under future Subgrantee <br /> Agreements. <br /> G. If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in <br /> accordance with Section 112.061 , Florida Statute <br /> 7 <br />
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