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2022-155
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2022-155
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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J R. SMITH, CLERK <br />a) The Grantee shall be responsible for claims of any mature, including but not Bruited to iru ury, death and property damage arising out <br />of activities related to this Agreement by the Grantee, its agents, servants, errployees and subcontractors. The Grantee shall <br />mdernufy and hold the Division harmless from any and all claim of any nature and shall investigate all such claims at its own <br />expense. Ifthe Grantee is governed by Section 768.28, Florida Statutes, it shall only be obligated in accordance with this <br />Section <br />b) Neither the state nor any agency or subdivision of the state waives any defense of sovereign irnnmity or increases the kraits of its <br />liability by entering into this Ageennetnt. <br />C) The Division shall not be liable for attorney fees, interest, late charges or service fees, or cost of collection related to this <br />Agreernetrt. <br />d) The Grantee shall be responsible for all work perforined and all expenses incurred in connection with the project. The Grantee <br />rmy subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors <br />for services and commodities, provided that such subcontract bas been approved in writing by the Department prior to its <br />execution and provided that it is understood by the Grantee that the Department shall not be liable to the subcontractor for any <br />expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all <br />expenses and liabilities incurred under the subcontract <br />25. Strict Compliance with Laths. The Grantee shall perform all acts required by this Agreement in strict conformity with all applicable laws <br />and regulations ofthe local, state and federal law. For consequences ofnoncompliauce, see Section 18, Noncompliance. <br />26. No Discrimination. The Grantee may not discrinmrate against any employee employed under this Agreement or against any applicant for <br />employment because of race, color, religion, gender, national origin, age, handicap, pregnancy or marital status. The Grantee shall insert a <br />similar- provision in all of its subcontracts for services under this Agreement. <br />27. Breach of Agreement. The Division will dernard the return ofgrant fiends already received, will withhold subsequent paynrtents and/or <br />will terminate this agreement if the Grantee urproperly expends and tmanages grant finds; fails to prepare, preserve or sturender records <br />requited by this Agreement; or otherwise violates this Ageetment. <br />28. Termination of Agreement. The Division will temmnate or end this Agreement ifthe Grantee fails to fu)fitl its obligations herein. In such <br />event, the Division will provide the Grantee a notice of its violation by letter and shall give the Grantee fifteen (15) calendar days from the <br />date of receipt to cure its violation If the violation is not cured within the stated period, the Division will tetmirate this Ageernent. The <br />notice of violation letter shall be delivered to the Grantee's Contract Manager, personally, or nailed to his/her specified address by a <br />method that provides proof of receipt. In the event that the Division temmnates this AgreemeM the Grantee shall be compensated for any <br />work completed in accordance with this Agreement prior to the notification of termination if the Division deerns this reasonable under the <br />circumstances. Grant &ds previously advanced and not expended on work completed in accordance with this Agreement shall be <br />returned to the Division, with interest, within thirty (30) days after tem ration of this Agreement The Division does not waive any of its <br />tights to additional damages if grant funds are returned under this Section <br />29. Preservation of Remedies. No delay or otrission to exercise any right, power or remedy accnuirg to either party upon breach or <br />violation by either party under this Agreement shall itrpair any such right, power or remedy of either party; nor shall such delay or omission <br />be construed as a waiver of any such breach or default or arry sin flar breach or default. <br />30. Non -Assignment of Agreement. The Grarntee may not assign, sublicense or otherwise transfer its rights, duties or obligations under this <br />Page: 6 <br />State Aid to Libraries Gant Agreement (Foran DLIS/SA02) <br />Chapter IQ-2.01I(2xa), FloWa Adntinisnalive Cotle, Effective 02-2022 <br />
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