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2015-191
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2015-191
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Last modified
4/23/2018 11:35:19 AM
Creation date
11/6/2015 9:08:27 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
10/06/2015
Control Number
2015-191
Agenda Item Number
8.L.
Entity Name
Florida Division of Emergency Management
Subject
Funded Subgrant Agreement and Expenditure Approval
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If an Event of Default occurs, then the Division shall, after thirty calendar days written <br />notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one <br />or more of the following remedies, either concurrently or consecutively. <br />(a) Terminate this Agreement, provided that the Recipient is given at least thirty days <br />prior written notice of the termination. The notice shall be effective when placed in the United States, first <br />class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in <br />paragraph (13) herein, <br />(b) Begin an appropriate legal or equitable action to enforce performance of this <br />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 <br />purposes under 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 <br />or the extent of non-compliance or lack of performance, <br />2 issue a written warning to advise that more serious measures may be taken if <br />the situation is not corrected, <br />3 advise the Recipient to suspend, discontinue or refrain from incurring costs for <br />any activities in question or <br />4 require the Recipient to reimburse the Division for the amount of costs incurred <br />for any 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 <br />this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive <br />any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the <br />Division for any other default by the Recipient. <br />(12) TERMINATION <br />(a) The Division may terminate this Agreement for cause after thirty days written notice <br />Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, <br />failure to perform on time, and refusal by the Recipient to permit public access to any document, paper, <br />letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended <br />(b) The Division may terminate this Agreement for convenience or when it determines, in <br />its sole discretion, that continuing the Agreement would not produce beneficial results in line with the <br />further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice <br />(c) The parties may agree to terminate this Agreement for their mutual convenience <br />through a written amendment of this Agreement. The amendment will state the effective date of the <br />termination and the procedures for proper closeout of the Agreement. <br />(d) In the event that this Agreement is terminated, the Recipient will not incur new <br />obligations for the terminated portion of the Agreement after the Recipient has received the notification of <br />termination The Recipient will cancel as many outstanding obligations as possible Costs incurred after <br />receipt of the termination notice will be disallowed The Recipient shall not be relieved of liability to the <br />Division because of any breach of Agreement by the Recipient. The Division may, to the extent <br />authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of <br />damages due the Division from the Recipient is determined <br />(13) NOTICE AND CONTACT <br />(a) All notices provided under or pursuant to this Agreement shall be in writing, either by <br />hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at <br />the address below, and this notification attached to the original of this Agreement. <br />5 <br />
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