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L-1 <br />Expend all grant funds received under this Agreement solely for the purposes of the project. These <br />funds will not be used for lobbying the legislature, the judicial branch, or any state agency, Repay to <br />the DIVISION any and all funds not thus expended. <br />Have an audit of financial operations performed in accordance with the Single Audit Act of 1984 (31 <br />U.S.C. 7501-7) and 45 CFR 1183.26. <br />1. In the event the SUBGRANTEE expends $300,000 or more in Federal awards in its fiscal year, the <br />recipient must have a single or program -specific audit conducted in accordance with the provisions <br />of OMB Circular A-133, as revised. The Notification of Grant Award indicates the Federal funds <br />awarded through (lie Deparment of State by this agreement. In determining the Federal awards <br />expended in its fiscal year, the recipient shall consider all sources of Federal awards, including <br />Federal funds received from lite Department of$tate. The determination of amounts of Federal <br />awards expended should be in accordance with the guidelines established by OMB Circular A-133, <br />as revised. An audit of the recipient conducted by die Auditor General in accordance with the <br />provisions OMB Circular A-133, as revised will meet the requirements of this part, <br />2, in connection with the audit requirements addressed in paragraph j. I., the recipient shall fulfill the <br />requirements relative to auditce responsibilities as provided in Subpart C of OMB Circular A-133; <br />as revised. <br />3. If the recipient expends less than $300.000 in Federal awards in its fiscal year, an audit conducted <br />in accordance with the provisions of OMD Circular A-133, as revised, is not required. In the event <br />that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have <br />an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost <br />of the audit must be paid from non -Federal funds (i.e., the cost of such an audit must be paid from <br />recipient funds obtained from other than Federal entities). <br />fhe DIVISION agrees to: <br />a. Provide a grant in accordance with Ute terms of this agreement in the amount and frequency as slated <br />above in consideration of the SUBGRANTE£'s performance hereinunder, and contingent upon <br />funding by the institute of Museum and Library Services. The State ol'Florida's performance and <br />obligation to pay under this agreement is contingent upon an annual appropriation by the Legislature. <br />In the event that tie state or federal funds on which this agreement is dependent are withdrawn, this <br />agreement is terminated and the state has no further liability to the SUBGRANTEE beyond that <br />already incurred by the termination date, In the event of a state revenue shortfall, the total grant ntay <br />be reduced accordingly. <br />b. Provide professional advice and assistance to the SUBGRANTEE as needed, in implementing and <br />evaluating the project. <br />C. Review the project during the grant period to assure that adequate progress is being made toward <br />achieving the project objectives. <br />III. Tice SUBGRANTEE and the DIVISION mutually agree that: <br />a. This instrument embodies tie whole agreement of tie parties. there are no provisions, terms, <br />conditions, or obligations other than those contained herein: and this agreement shall supersede all <br />previous communications, representations, or agreements, either verbal or written, between the parties. <br />No amendment shall be effective unless reduced in writing and signed by the parties. <br />b, The agreetnent is executed and entered into in Ute State of Florida, and shall be construed, performed, <br />and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party <br />shall perform its obligations hereunder in accordance with the terms and conditions of this agreement. <br />C. If any lent or provision of the agreement is found to be illegal and unenforceable, the remainder of the <br />agreement shall retrain in full force and effect and such term or provision shall be deemed stricken. <br />d. No delay or omission to exercise any right, power or remedy accruing to either party upon breach or <br />default by either party under tris Agreement shall impair any such richt, power or remedy of either <br />party, nor shall such delay or omission be construed as a waiver of any such breach or default, or any <br />similar breach or default. <br />e. This agreement shall be terminated by the DIVISION because offailure of the SUBGRANTEE to fulfill <br />its obligations under the agreement in a timely and satisfactory manner unless the SUBGRANTEE <br />demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of obligations by the <br />SUBGRANTEE shall be determined by the DIVISION based on tie terns and conditions imposed on the <br />SUBGRANTEE in this agreement and compliance with the program guidelines. The DIVISION shall <br />Page 2 of 4 <br />