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A TRUE COPY <br />CERTIFICATION ON LAV PAQ <br />A. SMITH, CLERK <br />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 maybe 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 Libraries Grant Agreement (Form DLJS/SA02) Page 7 of 15 <br />Chapter 1B-2.011(2xa), Florida Administrative Code, Effective 07-2017. <br />