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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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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 />
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