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2015-190
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2015-190
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Last modified
4/23/2018 11:37:13 AM
Creation date
11/24/2015 1:47:39 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
10/06/2015
Control Number
2015-190
Agenda Item Number
8.K.
Entity Name
Division of Emergency Management
Subject
Emergency Management Preparedness
Subgrant Agreement
Project Number
16-BG-83-10-40-01-030
Alternate Name
EMPA
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(a) If any warranty or representation made by the Recipient in this Agreement or any <br />previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient <br />fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous <br />agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its <br />obligations under this Agreement; <br />(b) If material adverse changes occur in the financial condition of the Recipient at any <br />time during the term of this Agreement, and the Recipient fails to cure this adverse change within thirty <br />days from the date written notice is sent by the Division. <br />(c) If any reports required by this Agreement have not been submitted to the Division or <br />have been submitted with incorrect, incomplete or insufficient information, <br />(d) If the Recipient has failed to perform and complete on time any of its obligations <br />under this Agreement. <br />(11) REMEDIES <br />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 />5 <br />
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