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2010-201
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Last modified
2/23/2016 5:04:00 PM
Creation date
10/1/2015 2:24:05 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Grant
Approved Date
09/07/2010
Control Number
2010-201
Agenda Item Number
8.J.
Entity Name
Florida Department of State Division of Library and Information
Subject
State Aid to Libraries Grant Application
Supplemental fields
SmeadsoftID
9762
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A TRUE COPY <br /> CERTIFICATION ON LAST PAGE <br /> J . K . BARTON $ CLERK <br /> g . The DIVISION shall not assume any liability for the acts , omissions to act or <br /> negligence of the Grantee , its agents , servants , or employees ;1. <br /> nor shall the <br /> Grantee exclude liability for its own acts , omissions to act , or negligence to the <br /> DIVISION . In addition , the Grantee hereby agrees to be responsible for any injury <br /> or property damage resulting from any activities conducted by the Grantee . <br /> h . The Grantee , other than a Grantee which is the State or agency or subdivision of <br /> the State , agrees to indemnify and hold the DIVISION harmless from and against <br /> any and all claims or demands for damages of any nature , including but not limited <br /> to personal injury , death , or damage to property , arising out of any activities <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 is not <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 requirements of 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 to <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 /> I . 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 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 /> State Aid to Libraries Grant Agreement page 4 of 5 <br /> Chapter 1 B -2 . 011 (2 ) (a ) , Florida Administrative Code , Effective 4 - 1 -2010 <br />
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