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18. Noncompliance. Any Grantee that is not following Florida Statutes or miles, the terms ofthe grant agreement, Florida Depadment of State (DOS) policies and guidance, local policies, or other applicable law or that has not submitted required reports or satisfied other administrative requirements for other Division of library and Infomiation Services grants or grants from any other DOS Division will be in noncompliance status and subject to the DOS Grants Compliance Procedure. DOS Divisions include the Division of Arts and Culture, the Division of Elections, the Division of Historical Resources and the Division of Library and hmformation Services. Grant compliance issues mst be resolved before a grant award agreement may be executed and before grant payments for any DOS grant may be released. 19. Accounft Requirements. The Grantee must maintain an accounting systemthat provides a complete record ofthe use of all grant firids as follows: a) The accounting system mist be able to specifically identdy and provide audit trails that trace the receipt, maintenance and expenditure of state fiii ds; b) Accounting records must adequately idenntdy the sources and application of finds for all grant activities and mist classify and identify grant funds by using the same budget categories that were approved in the grant application If Grantee's accouriing system accrmirlates data in a different format than the one in the grant application, subsidiary records mist document and reconcile the amounts shown in the Grantee's accounting records to those amounts reported to the Division; c) An interest-bearing checking account or accounts in a state or federally chartered institution may be used for revenues and expenses described in the Scope of Work and detailed in the Fstirnated Project Budget; d) The name oftbe accourt(s) must include the grant award number; e) The Grantee's accounting records must have effective control over and accountability for all finds, property and other assets; and Accounting records mist be supported by source documentation and be in sufficient detail to allow for a proper pre -audit and post -audit (such as invoices, bills and canceled checks). 20. Availability of State Funds. The State of Florida's performance and obligation to pay under this Agreement are contingent upon an annual appropriation by the Florida Legislature. In the event that the state finds upon which this Agreement is dependent are withdrawn, this Agreement will be automatically terni nated and the Division shall have no finther liability to the Grantee beyond those armurnts already expended prior to the termination date. Such termination will not affect the responsibility ofthe Grantee under this Agreement as to those furls previously distributed. In the event of a state revenue shortfiull, the total gait may be reduced accordingly. 21. Lobbying. The Grantee will not use any grant finds for lobbying the state legislature, the state judicial branch or any state agency. 22. Independent Contractor Status of Grantee. The Grantee, if not a state agency, agrees that its officers, agents and employees, in performance of this Agneemment, shall act in the capacity of independent contractors and not as officers, agents or enployees of the state. The Grantee is not entitled to accrue any benefits of state enployrent, including retiremert benefits and any other rights or privileges connected with employment by the State of Florida. 23. Grantee's Subcontracton.The Grantee shall be responsible for allwork performed and all expenses incurred in connection with this Agreement The Grantee may subcontract, as necessary, to perform the services and to provide comruodities required by this Agreemert. The Division shall not be liable to any subcontractor(s) for any expenses or liabilities incurred under the Grantee's suubcortract(s), and the Grantee shall be solely liable to its subcontractor(s) for all expenses and liabilities incurred under its subcontract(s). The Grantee must take the necessary steps to ensure that each of its subcontractors will be deemed to be independent contractors and will not be considered or Page: 5 State Aid to Libraries Gant Agreement (Form DLIS/SA02) Chapter I &2.011(2xa), Florida Administrative Code, Effective xx- Hca