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A TRUE COPY
<br />CERTIFICATION ON LAST PAGE
<br />J.R. SMITH, CLERK
<br />prepare, preserve or surrender records required by this Agreement, or otherwise violates this Agreement.
<br />33. Termination of Agreement.
<br />Termination by the Division. The Division will terminate or end this Agreement if the Grantee fails to fulfill its
<br />obligations herein. In such event, the Division will provide the Grantee a notice of its violation by letter, and shall
<br />give the Grantee fifteen (15) calendar days from the date of receipt to cure its violation. If the violation is not cured
<br />within the stated period, the Division will terminate this Agreement. The notice of violation letter shall be delivered
<br />to the Grantee's Contract Manager, personally, or mailed to his/her specified address by a method that provides
<br />proof of receipt. In the event that the Division terminates this Agreement, the Grantee will be compensated for any
<br />work completed in accordance with this Agreement, prior to the notification of termination, if the Division deems
<br />this reasonable under the circumstances. Grant funds previously advanced and not expended on work completed
<br />in accordance with this Agreement shall be returned to the Division, with interest within thirty (30) days after
<br />termination of this Agreement. The Division does not waive any of its rights to additional damages, if grant funds
<br />are returned under this Section.
<br />b. Termination for convenience. The Division or the Grantee may terminate the grant in whole or in part when both
<br />parties agree that the continuation of the Project would not produce beneficial results commensurate with the
<br />further expenditure of funds. The two parties will agree upon the termination conditions, including the effective
<br />date, and in the cause of partial terminations, the portion to be terminated.
<br />c. Termination by Grantee. The Grantee may unilaterally cancel the grant at any time prior to the first payment on
<br />the grant although the Department must be notified in writing prior to cancellation. After the initial payment, the
<br />Project may be terminated, modified, or'amended by the Grantee only by mutual agreement of the Grantee and
<br />the Division. Request for termination prior to completion must fully detail the reasons for the action and the
<br />proposed disposition of the uncompleted work.
<br />34. Preservation of Remedies. No delay or omission to exercise any right, power, or remedy accruing to either party upon
<br />breach or violation by either party under this Agreement, shall impair any such right, power or remedy of either party;
<br />nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default.
<br />35. Non -Assignment of Agreement. The Grantee may not assign, sublicense nor otherwise transfer its rights, duties or
<br />obligations under this Agreement without the prior written consent of the Division, which consent shall not unreasonably
<br />be withheld. The agreement transferee must demonstrate compliance with the requirements of the Project. If the Division
<br />approves a transfer of the Grantee's obligations, the Grantee shall remain liable for all work performed and all expenses
<br />incurred in connection with 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, the rights, duties and
<br />obligations under this Agreement shall be transferred to the successor governmental agency as if it was the original party
<br />to fl -ds Agreement.
<br />36. Required Procurement Procedures for Obtaining Goods and Services. The Grantee shall provide maximum open
<br />competition when procuring goods and services related to the grant -assisted project in accordance with Section 287.057,
<br />Florida Statutes.
<br />37. Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prohibition of conflicts of interest described
<br />in Sections 112.311 through 112.326, Florida Statutes, and affirms that it will not enter into or maintain a business or other
<br />relationship with any employee of the Department of State that would violate those provisions. In addition, no Grantee
<br />official, employee, or consultant who is authorized in his or her official capacity to negotiate, make, accept, approve, or
<br />take part in decisions regarding a contract, subcontract, or other agreement in connection with a grant assisted project
<br />shall take part in any decision relating to such contract, subcontract or other agreement in which he or she has any
<br />financial or other interest, or in which his or her spouse, child, parent, or partner, or any organization in which he or she is
<br />serving as an officer, director, trustee, partner, or employee of which he or she has or is negotiating any arrangement
<br />concerning employment has such interest. Grantees shall avoid circumstances presenting the appearance of such conflict.
<br />Furthermore, the spouse, child, parent, or partner of an officer, director, trustee, partner, or employee of the grantee shall
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