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A- TRUE COPY <br /> CERTIFICATION ON LAST PAGE <br /> J . R . SMITH , CLERK <br /> services and commodities , provided that such subcontract has been approved by the <br /> DIVISION , such approval not to be unreasonably withheld, and provided that it is <br /> understood by the GRANTEE that the DIVISION shall not be liable to the subcontractor <br /> for any expenses or liabilities incurred under the subcontract and that the GRANTEE shall <br /> be solely liable to the subcontractor for all expenses and liabilities incurred under the <br /> subcontract . <br /> k . 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 contractual <br /> relationship . <br /> 1 . The GRANTEE , its officers , agents , and employees , in performance of this agreement, <br /> shall act in the capacity of an independent contractor and not as an officer, employee or <br /> agent of the DIVISION . Under this agreement, GRANTEE is not entitled to accrue any <br /> benefits of state employment, including retirement benefits, and any other rights or <br /> privileges connected with employment in the State Career Service . GRANTEE agrees to <br /> take such steps as may be necessary to ensure that each subcontractor of the GRANTEE <br /> will be deemed to be an independent contractor and will not be considered or permitted to <br /> be an agent , servant , joint venturer, or partner of the DIVISION . <br /> m . The GRANTEE shall not assign, sublicense , nor otherwise transfer its rights , duties , or <br /> obligations under this agreement without the prior written consent of the DIVISION, whose <br /> consent shall not unreasonably be withheld . The agreement transferee must demonstrate <br /> compliance with the requirements of the program . If the DIVISION approves a transfer of <br /> the GRANTEE ' s obligations , the GRANTEE remains responsible for all work performed <br /> and all expenses incurred in connection with the Agreement . In the event the Legislature <br /> transfers the rights , duties , or obligations of the Department to another governmental entity <br /> pursuant to Section 20 . 06 , Florida Statutes, or otherwise , the rights , duties , and obligations <br /> under this agreement shall also be transferred to the successor government entity as if it <br /> were an original party to the agreement. <br /> n . This agreement shall bind the successors , assigns , and legal representatives of the <br /> GRANTEE and of any legal entity that succeeds to the obligation of the DIVISION . <br /> o . The State of Florida' s performance and obligation to pay under this agreement is contingent <br /> upon an annual appropriation by the legislature . In the event that the state funds on which <br /> this agreement is dependent are withdrawn, this agreement is terminated and the <br /> DIVISION has no further liability to the GRANTEE beyond that already incurred by the <br /> termination date . In the event of a state revenue shortfall , the total grant shall be reduced in <br /> accordance with Section 257 . 21 , Florida Statutes . <br /> p . If the GRANTEE is in noncompliance with any term( s) of this grant agreement or any <br /> other grant agreement with any Division of Library and Information Services , the Division <br /> of Historical Resources or the Division of Cultural Affairs , the Division may withhold <br /> grant payments until the GRANTEE comes into compliance . Violation of a grant program <br /> requirement, including but not limited to failure to submit grant reports and other grant <br /> documents ; submission of incomplete grant reports or other grant documents ; or violation <br /> of other grant agreement requirements ; shall constitute a basis for the Division to place the <br /> GRANTEE in noncompliance status with the Department of State . <br /> Page 5 of 6 <br /> State Aid to Libraries Grant Agreement <br /> Chapter 1 B -2 . 011 ( 2 ) ( a ) , Florida Administrative Code , Effective 4 - 10-2012 <br />