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2005-275
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2005-275
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Last modified
8/1/2016 1:35:20 PM
Creation date
9/30/2015 9:01:52 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/16/2005
Control Number
2005-275
Agenda Item Number
7.D.
Entity Name
Florida Department of State, Division of Library Services
Subject
State Aid Grant Agreement Application
Supplemental fields
SmeadsoftID
5124
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hereby agrees to be responsible for any injury or property damage resulting from any <br /> activities conducted by the Grantee. <br /> h . The Grantee, other than a Grantee which is the State or agency or subdivision of the <br /> State, agrees to indemnify and hold the DIVISION harmless from and against any and all <br /> claims or demands for damages of any nature, including but not limited to personal injury, <br /> death , or damage to property, arising out of any activities performed under this agreement <br /> and shall investigate all claims at its own expense . <br /> i . Neither the State nor any agency or subdivision of the State waives any defense of <br /> sovereign immunity , or increases the limits of its liability, upon entering into a contractual <br /> relationship . <br /> j . The Grantee, its officers, agents , and employees, in performance of this agreement, shall <br /> act in the capacity of an independent contractor and not as an officer, employee or agent <br /> of the DIVISION . Under this agreement, Grantee is not entitled to accrue any benefits of <br /> state employment, including retirement benefits and any other rights or privileges <br /> connected with employment in the State Career Service. Grantee agrees to take such <br /> steps as may be necessary to ensure that each subcontractor of the Grantee will be <br /> deemed to be an independent contractor and will not be considered or permitted to be an <br /> agent, servant, joint venturer, or partner of the DIVISION . <br /> k. The Grantee shall not assign , sublicense, nor otherwise transfer its rights, duties, or <br /> obligations under this agreement without the prior written consent of the DIVISION , whose <br /> consent shall not unreasonably be withheld. The agreement transferee must demonstrate <br /> compliance with the requirements of the program. If the DIVISION approves a transfer of <br /> the Grantee's obligations, the Grantee remains responsible for all work performed and all <br /> expenses incurred in connection with the Agreement. In the event the Legislature <br /> transfers the rights, duties, or obligations of the Department to another governmental entity <br /> pursuant to section 20.60, Florida Statutes, or otherwise, the rights, duties, and obligations <br /> under this agreement shall also be transferred to the successor government entity as if it <br /> were an original party to the agreement. <br /> I. This agreement shall bind the successors, assigns and legal representatives of the <br /> Grantee and of any legal entity that succeeds to the obligation of the DIVISION . <br /> m . This agreement shall be terminated by the DIVISION because of failure of the Grantee to <br /> fulfill its obligations under the agreement in a timely and satisfactory manner unless the <br /> Grantee demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of <br /> obligations by Grantee shall be determined by the DIVISION, based on the terms and <br /> conditions imposed on the Grantee in paragraphs I and III of this agreement and <br /> guidelines for the State Aid to Libraries Grant Program. The DIVISION shall provide <br /> Grantee a written notice of default letter. Grantee shall have 15 calendar days to cure the <br /> default. If the default is not cured by Grantee within the stated period , the DIVISION shall <br /> terminate this agreement, unless the Grantee demonstrates good cause as to why it <br /> cannot cure the default within the prescribed time period . For purposes of this agreement, <br /> "good cause" is defined as circumstances beyond the Grantee's control. Notice shall be <br /> sufficient if it is delivered to the party personally or mailed to its specified address. In the <br /> event of termination of this agreement, the Grantee will be compensated for any work <br /> satisfactorily completed prior to notification of termination . <br /> n . Unless there is a change of address, any notice required by this agreement shall be <br /> delivered to the Division of Library and Information Services, 500 South Bronough Street, <br /> Tallahassee, Florida 32399-0250, for the State and, for the Grantee, to its single library <br />
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