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2017-143
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2017-143
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Last modified
10/6/2017 1:01:55 PM
Creation date
10/6/2017 1:01:54 PM
Metadata
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Template:
Official Documents
Official Document Type
Grant
Approved Date
10/03/2017
Control Number
2017-143
Agenda Item Number
8.K.
Entity Name
Division of Library and Information Services, State of Florida
Subject
State Aid to Libraries Grant Agreement
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24. Liability. The Division will not assume any liability for the acts, omissions to act or negligence of <br /> the Grantee, its agents, servants or employees; nor may the Grantee exclude liability for its own <br /> acts, omissions to act or negligence to the Division. <br /> a) The Grantee shall be responsible for claims of any nature, including but not limited to injury, <br /> death and property damage arising out of activities related to this Agreement by the Grantee, its <br /> agents, servants, employees and subcontractors. The Grantee shall indemnify and hold the Division <br /> harmless from any and all claims of any nature and shall investigate all such claims at its own <br /> expense. If the Grantee is governed by Section 768.28,Florida Statutes, it shall only be obligated <br /> in accordance with this Section. <br /> b) 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 by entering into this Agreement. <br /> c) The Division shall not be liable for attorney fees, interest, late charges or service fees, or cost of <br /> collection related to this Agreement. <br /> d) The Grantee shall be responsible for all work performed and all expenses incurred in connection <br /> with the project. The Grantee may subcontract as necessary to perform the services set forth in this <br /> Agreement, including entering into subcontracts with vendors for services and commodities, <br /> provided that such subcontract has been approved in writing by the Department prior to its execution <br /> and provided that it is understood by the Grantee that the Department shall not be liable to the <br /> subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee <br /> shall be solely liable to the subcontractor for all expenses and liabilities incurred under the <br /> subcontract. <br /> 25. Strict Compliance with Laws. The Grantee shall perform all acts required by this Agreement in <br /> strict conformity with all applicable laws and regulations of the local, state and federal law. For <br /> consequences of noncompliance, see Section 18, Noncompliance. <br /> 26. No Discrimination. The Grantee may not discriminate against any employee employed under this <br /> Agreement or against any applicant for employment because of race, color, religion, gender, <br /> national origin, age, handicap, pregnancy or marital status. The Grantee shall insert a similar <br /> provision in all of its subcontracts for services under this Agreement. <br /> 27. Breach of Agreement. The Division will demand the return of grant funds already received, will <br /> withhold subsequent payments and/or will terminate this agreement if the Grantee improperly <br /> expends and manages grant funds; fails to prepare, preserve or surrender records required by this <br /> Agreement; or otherwise violates this Agreement. <br /> State Aid to libraries Gant Agreement(Form DLIS/SA02) Page 6 of 15 <br /> Chapter 1B-2.011(2)(a),Florida Administrative Code,Effective 07-2017. <br />
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