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2016-125
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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <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 />30. 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 />31. 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 />2. Purchases or Contract Amounts Between $2,500 and $35,000: Goods and services <br />costing between $2,500 and $35,000 require informal competition and may be <br />procured by purchase order, acceptance of vendor proposals or other appropriate <br />procurement document. <br />b) Procurement of Goods and Services Exceeding $35,000. Goods and services costing over <br />$35,000 may be procured by either Formal Invitation to Bid, Request for Proposals or <br />Invitation to Negotiate and may be procured by purchase order, acceptance of vendor <br />proposals or other appropriate procurement document. <br />32. Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prohibition of <br />conflicts of interest described in Sections 112.311 through 112.326, Florida Statutes and <br />affirms that it will not enter into or maintain a business or other relationship with any <br />employee of the Department of State that would violate those provisions. The Grantee further <br />agrees to seek authorization from the General Counsel for the Department of State prior to <br />entering into any business or other relationship with a Department of State Employee to <br />avoid a potential violation of those statutes. <br />33. Binding of Successors. This Agreement shall bind the successors, assigns and legal <br />representatives of the Grantee and of any legal entity that succeeds to the obligations of the <br />Division of Library and Information Services. <br />State Aid to Libraries Grant Agreement (Form DLIS/SA02) Page 8 of 9 <br />Chapter 1 B -2.011(2)(a), Florida Administrative Code, Effective 7-2016. <br />
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