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2013-216
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2013-216
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Entry Properties
Last modified
12/11/2015 10:37:18 AM
Creation date
10/1/2015 5:49:23 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/05/2013
Control Number
2013-216
Agenda Item Number
8.S.
Entity Name
Florida Division of Subgrant Agreement Expenditures
Subject
Emergency Management Performance Grants
Project Number
14-FG-IM-10-40-01-098
Alternate Name
EMPG
Supplemental fields
SmeadsoftID
12692
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this Agreement. For purposes of this Agreement , Recipient agrees that it is not an employee or agent of the <br /> Division , but is an independent contractor. <br /> ( b) Any Recipient which is a state agency or subdivision , as defined in Section 768 . 28 , Fla . Stat. , <br /> agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against <br /> the Division , and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set <br /> forth in Section 768 . 28 , Fla . Stat . Nothing herein is intended to serve as a waiver of sovereign immunity by any <br /> Recipient to which sovereign immunity applies . Nothing herein shall be construed as consent by a state agency or <br /> subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract . <br /> ( 10) DEFAULT . <br /> If any of the following events occur ("Events of Default") , all obligations on the part of the Division <br /> to make further payment of funds shall , if the Division elects , terminate and the Division has the option to exercise <br /> any of its remedies set forth in Paragraph ( 11 ) . However, the Division may make payments or partial payments <br /> after any Events of Default without waiving the right to exercise such remedies , and without becoming liable to <br /> make any further payment: <br /> (a) If any warranty or representation made by the Recipient in this Agreement or any previous <br /> agreement with the Division is or becomes false or misleading in any respect , or if the Recipient fails to keep or <br /> perform any of the obligations , terms or covenants in this Agreement or any previous agreement with the Division <br /> and has not cured them in timely fashion , or is unable or unwilling to meet its obligations under this Agreement; <br /> ( b) If material adverse changes occur in the financial condition of the Recipient at any time during <br /> the term of this Agreement , and the Recipient fails to cure this adverse change within thirty days from the date <br /> written notice is sent by the Division . <br /> (c) If any reports required by this Agreement have not been submitted to the Division or have been <br /> submitted with incorrect, incomplete or insufficient information ; <br /> (d) If the Recipient has failed to perform and complete on time any of its obligations under this <br /> Agreement . <br /> ( 11 ) REMEDIES . <br /> If an Event of Default occurs , then the Division may, after thirty calendar days written notice to the <br /> Recipient and upon the Recipient's failure to cure within those thirty days , exercise any one or more of the following <br /> remedies , either concurrently or consecutively: <br /> (a) Terminate this Agreement , provided that the Recipient is given at least thirty days prior written <br /> notice of the termination . The notice shall be effective when placed in the United States , first class mail , postage <br /> prepaid , by registered or certified mail-return receipt requested , to the address in paragraph ( 13) herein ; <br /> ( b) Begin an appropriate legal or equitable action to enforce performance of this Agreement; <br /> (c) Withhold or suspend payment of all or any part of a request for payment ; <br /> (d) Require that the Recipient refund to the Division any monies used for ineligible purposes under <br /> the laws , rules and regulations governing the use of these funds . <br /> (e) Exercise any corrective or remedial actions , to include but not be limited to: <br /> 1 . request additional information from the Recipient to determine the reasons for or the <br /> extent of non-compliance or lack of performance , <br /> 2 . issue a written warning to advise that more serious measures may be taken if the <br /> situation is not corrected , <br /> 3 , advise the Recipient to suspend , discontinue or refrain from incurring costs for any <br /> activities in question or <br /> 4 , require the Recipient to reimburse the Division for the amount of costs incurred for any <br /> items determined to be ineligible ; <br /> (f) Exercise any other rights or remedies which may be available under law. <br /> (g) Pursuing any of the above remedies will not stop the Division from pursuing any other <br /> remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this <br /> Agreement or fails to insist on strict performance by the Recipient, it will not affect , extend or waive any other right <br /> or remedy of the Division , or affect the later exercise of the same right or remedy by the Division for any other <br /> default by the Recipient . <br /> ( 12) TERMINATION . <br /> (a) The Division may terminate this Agreement for cause after thirty days written notice . Cause <br /> can include misuse of funds , fraud , lack of compliance with applicable rules , laws and regulations , failure to perform <br /> 4 <br />
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