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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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28. Termination of Agreement. The Division will terminate or end this Agreement if the Grantee fails <br /> to fulfill its obligations herein. In such event, the Division will provide the Grantee a notice of its <br /> violation by letter and shall give the Grantee fifteen(15) calendar days from the date of receipt to <br /> cure its violation. If the violation is not cured within the stated period, the Division will terminate <br /> this Agreement. The notice of violation letter shall be delivered to the Grantee's Contract Manager, <br /> personally, or mailed to his/her specified address by a method that provides proof of receipt. In the <br /> event that the Division terminates this Agreement, the Grantee will be compensated for any work <br /> completed in accordance with this Agreement prior to the notification of termination if the Division <br /> deems this reasonable under the circumstances. Grant funds previously advanced and not expended <br /> on work completed in accordance with this Agreement shall be returned to the Division, with <br /> interest, within thirty(30) days after termination of this Agreement. The Division does not waive <br /> any of its rights to additional damages if grant funds are returned under this Section. <br /> 29. Preservation of Remedies.No delay or omission to exercise any right, power or remedy accruing <br /> to either party upon breach or violation by either party under this Agreement shall impair any such <br /> right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of <br /> any such breach or default or any similar breach or default. <br /> 30. Non-Assignment of Agreement. The Grantee may not assign, sublicense or otherwise transfer its <br /> rights, duties or obligations under this Agreement without the prior written consent of the Division, <br /> which shall not unreasonably be withheld. The agreement transferee must demonstrate compliance <br /> with the requirements of the project. If the Division approves a transfer of the Grantee's obligations, <br /> the Grantee shall remain liable for all work performed and all expenses incurred in connection with <br /> this Agreement. In the event the Legislature transfers the rights, duties and obligations of the <br /> Division to another governmental entity, pursuant to Section 20.06, Florida Statutes or otherwise, <br /> the rights, duties and obligations under this Agreement shall be transferred to the succeeding <br /> governmental agency as if it was the original party to this Agreement. <br /> 31. Required Procurement Procedures for Obtaining Goods and Services. The Grantee shall <br /> provide maximum open competition when procuring goods and services related to the grant-assisted <br /> project in accordance with Section 287.057,Florida Statutes. <br /> a) Procurement of Goods and Services Not Exceeding$35,000. The Grantee must use the applicable <br /> procurement method described below: <br /> 1. Purchases Up to $2,500: Procurement of goods and services where individual purchases do not <br /> exceed $2,500 do not require competition and may be conducted at the Grantee's discretion. <br /> 2. Purchases or Contract Amounts Between$2,500 and $35,000: Goods and services costing <br /> between$2,500 and $35,000 require informal competition and may be procured by purchase <br /> order, acceptance of vendor proposals or other appropriate procurement document. <br /> b) Procurement of Goods and Services Exceeding$35,000. Goods and services costing over <br /> $35,000 may be procured by either Formal Invitation to Bid, Request for Proposals or Invitation to <br /> Negotiate and may be procured by purchase order, acceptance of vendor proposals or other <br /> appropriate procurement document. <br /> State Aid to Libranes Grant Agreement(Form DLIS/SA02) Page 7 of 15 <br /> Chapter IB-2.011(2)(a),Florida Administrative Code,Effective 07-2017. <br />
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