Laserfiche WebLink
A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />RYAN L. BUTLER, CLERK <br />a) The Grantee shall be responsible for claim of any nature, including but not lunged to 4ury, death and property damage arising out <br />of activities related to this Agreement by the Grantee, its agents, servants, employees and subcontractors. The Grantee shall <br />indelmify and hold the Division harmless from any and all claims 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 inmu* or increases the limns of its <br />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 collection related to this <br />Agivenrit <br />d) The Grantee shall be responsible for all work performed and all expenses incurred in connection with the project. The Grantee <br />may subcontract as necessary to perform the services set forth in this Agreemmn, including entering into subcontracts with vendors <br />for services and cornrrodities, provided that such subconti-da has been approved in writing by the Departnrrit 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 of the local, state arra federal law. For consequences of noncompliance, see Section 18, Noncompliance. <br />26. No Discrimination. The Grantee may not discrii-nimte against any employee employed under this Agreement or against any applicant for <br />errployment because of race, color, religion, gender, national origin, age, handicap, pregnancy or marital status. The Grantee shall insert a <br />sirrilar provision in all of its subcontracts for services under this Ageernent. <br />27. Breach of Agreement. The Division will demand the return ofgant fiinds already received, will withhold subsequent payments and/or <br />will terminate this agreerrrent ifthe Grantee improperly expends and manages grarit fiords; fails to prepare, preserve or surrender records <br />required by this Agreement; or otherwise violates this Agreement. <br />28. Tenrination of Agreement. The Division will teminate or end this Agreement if the Grantee fails to fN 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 termiriate this Agreement.. The <br />notice of violation letter shall be delivered to the Grantee's Contract Manager, personally, or mailed to hMier specified address by a <br />method that provides proof of receipt. In the event that the Division terminates this Agreement, the Grantee shall be compensated for any <br />work completed in accordance with this Agreement prior to the notification often mnation ifthe Division deems this reasonable under the <br />circurmtances. Grant fiords previously advanced and not expended on work completed in accordance with this Ageernent shall be <br />returned to the Division, with irrterest, within thirty (30) days after terrrriation ofthis Agreement. The Division does not waive any of its <br />rights to additional damages if grant fiords are returned under this Section <br />29. Preservation of Remedies. No delay or omission to exercise any right, power or remedy accruing to either party upon breach or <br />violation by either party under this Agcemernt shall irupair 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 any sirrnlar breach or default. <br />30. Non -Assignment of Agreement. The Grantee may not assign, sublicense or otherwise transfer its rights, duties or obligations under this <br />Page: 6 <br />State Aid to Libraries Gant Agreement (Form DLIS/SA02) <br />Chapter I&2.011(2xa), Florida Administrative Code, Effective 05-2023 <br />