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2015-175A
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2015-175A
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Last modified
3/30/2017 4:42:28 PM
Creation date
2/9/2016 10:32:41 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/15/2015
Control Number
2015-175A
Agenda Item Number
8.AA.
Entity Name
Florida Department of State
Division of Library and Information Services
Subject
State Aid to Libraries Grant
Fiscal Year 2015-2016
Project Number
16-ST-22
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28. Breach of Agreement. The Division will demand the return of grant funds already received, <br />will withhold subsequent payments and/or will terminate this agreement if the Grantee <br />improperly expends and manages grant funds; fails to prepare, preserve or surrender records <br />required by this Agreement; or otherwise violates this Agreement. <br />29. Termination of Agreement. The Division will terminate or end this Agreement if the <br />Grantee fails to fulfill its obligations herein. In such event, the Division will provide the <br />Grantee a notice of its violation by letter and shall give the Grantee fifteen (15) calendar days <br />from the date of receipt to cure its violation. If the violation is not cured within the stated <br />period, the Division will terminate this Agreement. The notice of violation letter shall be <br />delivered to the Grantee's Contract Manager, personally, or mailed to his/her specified <br />address by a method that provides proof of receipt. In the event that the Division terminates <br />this Agreement, the Grantee will be compensated for any work completed in accordance with <br />this Agreement prior to the notification of termination if the Division deems this reasonable <br />under the circumstances. Grant funds previously advanced and not expended on work <br />completed in accordance with this Agreement shall be returned to the Division, with interest, <br />within thirty (30) days after termination of this Agreement. The Division does not waive any <br />of its rights to additional damages if grant funds are returned under this Section. <br />30. Preservation of Remedies. No delay or omission to exercise any right, power or remedy <br />accruing to either party upon breach or violation by either party under this Agreement shall <br />impair any such right, power or remedy of either party; nor shall such delay or omission be <br />construed as a waiver of any such breach or default or any similar breach or default. <br />31. Non -Assignment of Agreement. The Grantee may not assign, sublicense or otherwise <br />transfer its rights, duties or obligations under this Agreement without the prior written <br />consent of the Division, which shall not unreasonably be withheld. The agreement transferee <br />must demonstrate compliance with the requirements of the project. If the Division approves a <br />transfer of the Grantee's obligations, the Grantee shall remain liable for all work performed <br />and all expenses incurred in connection with this Agreement. In the event the Legislature <br />transfers the rights; duties and obligations of the Division to another governmental entity, <br />pursuant to Section 20.06, Florida Statutes or otherwise, the rights, duties and obligations <br />under this Agreement shall be transferred to the succeeding governmental agency as if it was <br />the original party to this Agreement. <br />32. Required Procurement Procedures for Obtaining Goods and Services. The Grantee shall <br />provide maximum open competition when procuring goods and services related to the grant - <br />assisted project in accordance with Section 287.057, Florida Statutes. <br />a) Procurement of Goods and Services Not Exceeding $35,000. The Grantee must use the <br />applicable procurement method described below: <br />1. Purchases Up to $2,500: Procurement of goods and services where individual <br />purchases do not exceed $2,500 do not require competition and may be conducted at <br />the Grantee's discretion. <br />State Aid to Libraries Grant Agreement Page 8 of 17 <br />Chapter 1 B -2.011(2)(a), Florida Administrative Code, Effective 4-2015. <br />
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