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2014-124
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2014-124
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Last modified
4/23/2018 10:48:46 AM
Creation date
1/10/2017 11:02:39 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/09/2014
Control Number
2014-124
Agenda Item Number
8.Y.
Entity Name
Florida Department of State, Division of Library Grant Agreement
Subject
State Aid to Libraries Grant Agreement
Area
Indian River County Library
Project Number
15-ST-23
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e. This agreement shall be terminated by the DIVISION because of failure of the GRANTEE to <br />fulfill its obligations under the agreement in a timely and satisfactory manner unless the <br />GRANTEE demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction <br />of obligations by GRANTEE shall be determined by the DIVISION, based on the terms and <br />conditions imposed on the GRANTEE in paragraphs I and III of this agreement and <br />guidelines for the State Aid to Libraries Grant Program. The DIVISION shall provide <br />GRANTEE a written notice of default letter. GRANTEE shall have 15 calendar days to <br />cure the default. If the default is not cured by GRANTEE within the stated period, the <br />DIVISION shall terminate this agreement, unless the GRANTEE demonstrates good cause <br />as to why it cannot cure the default within the prescribed time period. For purposes of this <br />agreement, "good cause" is defined as circumstances beyond the GRANTEE's control. <br />Notice shall be sufficient if it is delivered to the party personally or mailed to its specified <br />address. In the event of termination of this agreement, the GRANTEE will be compensated <br />for any work satisfactorily completed prior to notification of termination, if equitable. <br />f. The DIVISION shall unilaterally cancel this agreement in the event that the GRANTEE <br />refuses to allow public access to all documents or other materials made or received in regard <br />to this agreement that are subject to the provisions of Chapter 119, Florida Statutes. <br />GRANTEE agrees to immediately contact the DIVISION for assistance in the event that it <br />receives a public records request related to this agreement or the grant the it awards. <br />The DIVISION shall not be liable to pay attorney fees, interest, late charges and service fees, <br />or cost of collection related to the grant. <br />h. The DIVISION shall not assume any liability for the acts, omissions to act or negligence of <br />the GRANTEE, its agents, servants, or employees; nor shall the GRANTEE exclude liability <br />for its own acts, omissions to act, or negligence to the DIVISION. In addition, the <br />GRANTEE hereby agrees to be responsible for any injury or property damage resulting from <br />any activities conducted by the GRANTEE. <br />i. The GRANTEE, other than a GRANTEE which is the State or agency or subdivision of the <br />State, agrees to indemnify and hold the DIVISION harmless from and against any and all <br />claims or demands for damages of any nature, including but not limited to personal injury, <br />death, or damage to property, arising out of any activities performed under this agreement <br />and shall investigate all claims at its own expense. <br />The GRANTEE shall be responsible for all work performed and all expenses incurred in <br />connection with the project. The GRANTEE may subcontract as necessary to perform the <br />services set forth in this agreement, including entering into subcontracts with vendors for <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 for <br />any expenses or liabilities incurred under the subcontract and that the GRANTEE shall be <br />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 sovereign <br />immunity, or increases the limits of its liability, upon entering into a contractual relationship. <br />g. <br />J• <br />State Aid to Libraries Grant Agreement Page 5 of 7 <br />Chapter 1B-2.011 (2)(a), Florida Administrative Code, Effective xx-xx-xxxx <br />
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