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1. The GRANTEE, its officers, agents, and employees, in performance of this agreement, shall <br />act in the capacity of an independent contractor and not as an officer, employee or agent of <br />the DIVISION. Under this agreement, GRANTEE is not entitled to accrue any benefits of <br />state employment, including retirement benefits, and any other rights or privileges connected <br />with employment in the State Career Service. GRANTEE agrees to take such steps as may <br />be necessary to ensure that each subcontractor of the GRANTEE will be deemed to be an <br />independent contractor and will not be considered or permitted to be an agent, servant, joint <br />venturer, or partner of the DIVISION. <br />m. The GRANTEE shall not assign, sublicense, nor otherwise transfer its rights, duties, or <br />obligations under this agreement without the prior written consent of the DIVISION, whose <br />consent shall not unreasonably be withheld. The agreement transferee must demonstrate <br />compliance with the requirements of the program. If the DIVISION approves a transfer of <br />the GRANTEE's obligations, the GRANTEE remains responsible for all work performed <br />and all expenses incurred in connection with the Agreement. In the event the Legislature <br />transfers the rights, duties, or obligations of the Department to another governmental entity <br />pursuant to Section 20.06, Florida Statutes, or otherwise, the rights, duties, and obligations <br />under this agreement shall also be transferred to the successor government entity as if it were <br />an original party to the agreement. <br />This agreement shall bind the successors, assigns, and legal representatives of the <br />GRANTEE and of any legal entity that succeeds to the obligation of the DIVISION. <br />o. The State of Florida's performance and obligation to pay under this agreement is contingent <br />upon an annual appropriation by the legislature. In the event that the state funds on which <br />this agreement is dependent are withdrawn, this agreement is terminated and the DIVISION <br />has no further liability to the GRANTEE beyond that already incurred by the termination <br />date. In the event of a state revenue shortfall, the total grant shall be reduced in accordance <br />with Section 257.21, Florida Statutes. <br />If the GRANTEE is in noncompliance with any term(s) of this grant agreement or any other <br />grant agreement with the Division of Library and Information Services, the Division of <br />Historical Resources or the Division of Cultural Affairs, the Division may withhold grant <br />payments until the GRANTEE comes into compliance. Violation of a grant program <br />requirement, including but not limited to failure to submit grant reports and other grant <br />documents; submission of incomplete grant reports or other grant documents; or violation of <br />other grant agreement requirements; shall constitute a basis for the Division to place the <br />GRANTEE in noncompliance status with the Department of State. <br />The Division shall apply the following financial consequences for failure to perform the <br />duties / tasks required in the scope of work. Should the library fail to provide free library <br />service to the public or be open fewer than 40 hours per week, it will no longer be eligible to <br />receive State Aid Libraries grant funding, and its funding will be reduced to $0. <br />r. Unless there is a change of address, any notice required by this agreement shall be delivered <br />to the Division of Library and Information Services, 500 South Bronough Street, <br />Tallahassee, Florida 32399-0250, for the State and, for the GRANTEE, to its single library <br />n. <br />p• <br />q. <br />State Aid to Libraries Grant Agreement Page 6 of 7 <br />Chapter 1B -2.011(2)(a), Florida Administrative Code, Effective xx-xx-xxxx <br />