2006-330A - Laserfiche WebLink

Home Browse Search

II. The DIVISION agrees to: a. Provide a grant in accordance with the terms of this agreement in the amount and frequency as stated above in consideration for the SUBGRANTEE's performance hereinunder, and contingent upon funding by the Institute of Museum and Library Services. The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Legislature. In the event that the state or federal funds on which this agreement is dependent are withdrawn, this agreement is terminated and the state has no further liability to the SUBGRANTEE beyond that already incurred by the termination date. In the event of a state revenue shortfall, the total grant may be reduced accordingly. b. Provide professional advice and assistance to the SUBGRANTEE as needed, in implementing and evaluating the project. c. . Review the project during the grant period to assure that adequate progress is being made toward achieving the project objectives. ILI. The SUBGRANTEE and the DIVISION mutually agree that: a. This instrument embodies the entire agreement of the parties . There are no provisions, terms, conditions, or obligations other than those contained herein; and this agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties. No amendment shall be effective unless reduced in writing and signed by the parties. b. This agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this agreement. c. If any term or provision of the agreement is found to be illegal and unenforceable, the remainder of the agreement shall remain in full force and effect and such term or provision shall be deemed stricken. d. No delay or omission to exercise any right, power or remedy accruing to either parry upon breach or default by either party under this Agreement shall impair any such right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. e. This agreement shall be terminated by the DIVISION because of failure of the SUBGRANTEE to fulfill its obligations under the agreement in a timely and satisfactory manner unless the SUBGRANTEE demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of obligations by the SUBGRANTEE shall be determined by the DIVISION based on the terms and conditions imposed on the SUBGRANTEE in this agreement and compliance with the program guidelines. The DIVISION shall provide SUBGRANTEE a written notice of default letter. SUBGRANTEE shall have 15 calendar days to cure the default. If the default is not cured by the SUBGRANTEE within the stated period, the DIVISION shall terminate this agreement, unless the SUBGRANTEE demonstrates good cause as to why it cannot cure the default within the prescribed time period. For purposes of this agreement, "good cause" is defined as circumstances beyond the SUBGRANTEE's control. In the event of termination of this agreement, the SUBGRANTEE will be compensated for any work satisfactorily completed prior to the notification of termination, if equitable. f The DIVISION shall unilaterally cancel this agreement if the SUBGRANTEE refuses to allow public access to all documents or other materials subject to the provisions of Chapter 119, Florida Statutes. g. Surplus funds must be temporarily invested and the interest earned on such investments shall be returned to the State quarterly. h. Bills for services or expenses shall be maintained in detail sufficient for proper preaudit and postaudit. i. Any travel expenses must be maintained according to the provisions of Section 112.061 , Florida Statutes. j . The DIVISION shall not be liable to pay attorney fees, interest, late charges and service fees, or costs related to collection of grant funds. Page 3 of 5