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}r ! - x a,1i•�`' sit.� � � - z:.i' p ;r V f - I. Iapend all grant Grads to cit ed urichcr this Agrecnent solely for the purposes of the project. These for will 1101 be used lir Iohbymp the legislature,Ilie 3udwial branch,or any stale agency. Rcpay to the DIVISION all)-and all foods not thus upended. j. Ilive an audit of firuncial operations Performed in accordance kith the Single Audit Act of 1984(31 U.S.C.7501.7)and 45 CFR 1183.26. I. In tine event the S11 IliiRAN I IT calends 5500,000 or more in Fedctal awards ti its fiscal year, the recipient must have a single or prograni•specitic audit con ducted in accordance with the provisions ol'O\III Circular A-133,as revised. 1 he Notification of Grant Awanl indicates the ' •.; Fedctal finds awarded through the Depatunent of State by this agreement. In determining the Federal awards c\pcnded ni its fiscal)tar,the recipient shall consider all sources of Federal . awards,including Fedetal funds tt Mcd front the Department of State. The determination of " amounts of Fcdcral accards expended should be In accordance with the gutdelutes established by O\IB Circular A-133,as te%ised. An audit of[Iic IcciprenI conducted by the Auditor Genera in accordance with Clic provisions O\111 Circular A-13 3,as rcc Ised w111 nxet the requirements of this pan. 2. In connection ss nth the audit requuenients addressed in paragrapli3.I.,the recipient shall fulfill the rcquncnents iciam e no audmec Icslraisnbihucs as piuvidcd in Subpart C of O\113 Circular A-133, ' as revised. 3. Ifthc tecipicnt expends less than$500,000 In I:edelal 3\\a1dS nt Its fiscal Jrar,an audit conducicd In accordance w 1111 the lruc uioiu of O\113 Cuculat A.133,as ic•ciscd,is not required. In the ~ event that the recipient expends less thin 5500,000 in Federal awards in its fiscal year and elects to ' llaw an audit conducted In accordance%11th the proc'isuns of OMI1 Circular A-133,as revised,the cost of the audit must be paid from non-federal funds 1 I.e.,the cost of such art audit must be paid front recipient finds obtained from other than Federal entities). a 11. The DIVISION agrees w: a. Provide a grant in accordance with the teens of this agreement in the amount and frequency as stated above in consideration of the SUBGRANTEE's petfoniuncc hercmunder,and contingent upon funding by the Institute of\Museum and Library Scivices. 111c Sate of Florida's performance and obligation to pay unhlcr this agreement is contingent upon an annual appropriation by the legislature. In the eccnl that the state or federal funds on which flits agreement is dependent are withdrawn,this agreement is terminated and the state has no funlicr liability to the SUBGRANTEE beyond that already incurred by the termination date. In the event of a stale revenue shortfall,the total grant nuy be reduced accordingly. i b. Provide professional advice and assistance to the SUBGRAN ITE as needed,in implementing and �. evaluating the project. C. Rcview the project during the grant period to assure that adequate progress is being nude toward achieving the project objecuves. IB. The SUBGRANITE and the DIVISION nunual)y agree that: a. flits nvstnmicnt emtxhhes the uhok agrcen::rt of the p:uues. lltere arc tw provisions,terms, conditions,or obligations other than those contained lercin.and this agreement shall supersede all - previous conim n4icatiow.representations,tar agrcentents,either srnbal or written,IX-MMI the panics. No amendment shall be cffcclnr unless reduced in wrung and signed by the parties. b. The agreement is executed and entered into in the State of Florida,and shall be construed,performed, and enforced in all respects in accordance with live laws and talcs of the Sate of Florida. Each parry shall per form its obligations hereunder in accordance with the terns and conditions of this agreement. C. If any term or provision of the agiccmcnt is found to be illegal and unenforceable,the reminder of the agrcenrm shall remain in full Coreg and effect and such term or provision shall be dcenied stricken. ' d. No delay or omission to exercise any right,poscrr or rentedy accruing to either party upon breach or default by eitler paity under this Agcecnsent shall impair any such right,powYt or rent dy of either party;nor shall such delay or omission be construed as a wais•cr of any such breach or default,or any similar breach or default. 'w�a •., C. This appeenenl shall be temtinated by the DIVISION bocause of failure of the SUBGRANTEE to fulfill its obligations under the agrceinent in a timely and satisfactory ranter unless the SUBGRANTEE °moi deer,nstrates gook cause as to why it cannot fulfill its obligations. Satisfaction of obligations by the ,.r SUBGRANTEE shall be doc•nnincd by live DIVISION bused on the temu and Conditions imposed on ' Page 2 of 4 '��o' � i.� f,... .. t •sr.,.z1y �r 11�-,jt S,"+ � ' �� ,a' �l' �� y � �/"L°'� 1�)x�+yd -.>•"4?�l�� 1`t�Y✓�i' e��".1�{�,`i +�: a 'Fit- p rjrfY� C �x #1