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A TRUE COPY
<br /> CERTIFICATION ON LAST PAGE
<br /> J . K . BARTON , CLERK
<br /> performed under this agreement and shall investigate all claims at its own
<br /> expense .
<br /> i . Neither the State nor any agency or subdivision of the State waives any . defense of
<br /> sovereign immunity , or increases the limits of its liability , upon entering into a
<br /> contractual relationship .
<br /> j . The Grantee , its officers , agents , and employees , in performance of this
<br /> agreement , shall act in the capacity of an independent contractor and not as an
<br /> officer , employee, or agent of the DIVISION . Under this agreement , Grantee isnot
<br /> entitled to accrue any benefits of state employment , including retirement benefits
<br /> and any other rights or privileges connected with employment in the State Career
<br /> Service . Grantee agrees to take such steps as may be necessary to ensure that
<br /> each subcontractor of the Grantee will be deemed to be an independent contractor_
<br /> and will not be considered or permitted to be an agent, servant, joint venturer, or
<br /> partner of the DIVISION .
<br /> k . The Grantee shall not assign , sublicense , nor otherwise transfer its rights , duties , .
<br /> or obligations under this agreement without the prior written consent of the
<br /> DIVISION , whose consent shall not unreasonably be withheld . The agreement
<br /> transferee must demonstrate compliance with the requirementseof the program. If
<br /> the DIVISION approves a transfer of the Grantee ' s obligations , the Grantee
<br /> remains responsible for all work performed and all expenses incurred in
<br /> connection with the Agreement . in the event the Legislature transfers the rights ,
<br /> duties , or obligations of the Department to another governmental entity pursuant Nto
<br /> Section 20 . 60 , Florida Statutes, or otherwise , the rights , duties , and obligations
<br /> under this agreement shall also be transferred to the successor government entity
<br /> as if it were an original party to the agreement .
<br /> L This agreement shall bind the successors , assigns, and legal representatives of
<br /> the Grantee and of any legal entity that succeeds to the obligation of the
<br /> DIVISION .
<br /> m . This agreement shall be terminated by the DIVISION because of failure of the
<br /> Grantee to fulfill X its '"obligations under the agreement in a timely and satisfactory
<br /> manner unless the Grantee demonstrates good cause as to why it cannot fulfill its
<br /> obligations . Satisfaction of obligations by Grantee shall be determined by the
<br /> DIVISION , based on the terms and conditions imposed on the Grantee in
<br /> paragraphs I and III of this agreement and guidelines for the State Aid to Libraries
<br /> Grant Program . The DIVISION shall provide Grantee a written notice of default
<br /> letter. Grantee shall have 15 calendar days to cure the default : If the default is not
<br /> cured by Grantee within the stated period , the DIVISION shall terminate this
<br /> agreement , unless the Grantee demonstrates . good cause as to why it cannot cure
<br /> the default within the prescribed time period . For purposes of this agreement,
<br /> "good cause" is defined as circumstances beyond the Grantee's control . Notice
<br /> shall be sufficient if it is delivered to the party personally or mailed to its specified
<br /> address . In the event of termination of this agreement , the Grantee will be
<br /> compensated for any work satisfactorily completed prior to notification of
<br /> termination .
<br /> State Aid to Libraries Grant Agreement page 4 of 5
<br /> Chapter 1B=2 . 011 ( 2 ) ( a ) , Florida Administrative Code , Effective 4- 1 -2010
<br /> n . Unless there is a change - of address , any notice required by this agreement shall
<br /> be delivered to the Division of Library and Information Services , 500 South
<br /> Bronough Street , Tallahassee , Florida 32399 -0250 , for the State and , for the
<br /> Grantee , to its single library administrative unit . In the event of a change of
<br /> address , it is the obligation of the moving party to notify the other party in writing of
<br /> the change of address .
<br /> IV . The term of this agreement will commence on the date of execution of the .grant
<br /> agreement .
<br /> THE APPLICANT/GRANTEE THE DIVISION
<br /> c
<br /> Chair of Governing Body or °••o ", CpFlorida Department of State jy
<br /> Chief Executive Officer °'+ Ga• • " " " " f�s• , Division of Library and Information Services
<br /> j � y4
<br /> • o
<br /> O 6
<br /> a° c
<br /> Bob Solari aye
<br /> a
<br /> Typed Name 9 e: 4 Typed Name
<br /> August 161 2011 °dc `'' , • ;
<br /> Date
<br /> q �'Q,Gl. -;•.�,, . Date
<br /> Clerk or Chief Financial Officer Division Witness
<br /> J . K . BARTON
<br /> CLERK CIRCUIT COUR%r
<br /> Typed Name and Title of Official Division Witness
<br /> Date
<br /> APPROVED AS M
<br /> AND LEGAL S FICIEN Y
<br /> BY
<br /> ALAN LA
<br /> CO YA NEY
<br /> STATE OF FLORIDA
<br /> INDIAN RIVER COUNTY •«.
<br /> THIS IS TO CERT THATTHIS IS •,.;`.� GOS:�,��if •.,
<br /> A TRUE AND CO R T COPY O • `1 : �.• � ,
<br /> THE ORIGINAL LE IN THI •+'J .•' ° �" ';
<br /> OFFICE l C�•-
<br /> J K. BART CL � * J
<br /> B D .C. 3lows
<br /> DATE �7 l ���� Z,�O••,
<br /> Agre • • . . . . .« • •''• page 5 of 5
<br /> Chapter 1B-2 . 011 (2)(a ) , Florida Adr�1 ' .• «.« p •, e , Effective 4- 1 =2010
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