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2015-236
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2015-236
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B. Upon the DEPARTMENT'S notice of acceptance of a proposed CAP, the LOCAL SPONSOR <br />shall have ten (10) calendar days to commence implementation of the accepted plan. <br />Acceptance of the proposed CAP by the DEPARTMENT does not relieve the LOCAL <br />SPONSOR of any of its obligations under the Agreement. In the event the CAP fails to correct <br />or eliminate performance deficiencies by LOCAL SPONSOR, the DEPARTMENT shall <br />retain the right to require additional or further remedial steps, or to terminate this Agreement <br />for failure to perform. No actions approved by the DEPARTMENT or steps taken by the <br />LOCAL SPONSOR shall preclude the DEPARTMENT from subsequently asserting any <br />deficiencies in performance. The LOCAL SPONSOR shall continue to implement the CAP <br />until all deficiencies are corrected. Reports on the progress of the CAP will be made to the <br />DEPARTMENT as requested by the DEPARTMENT's Project Manager. <br />C. Failure to respond to the DEPARTMENT's request for a CAP or failure to correct a deficiency <br />in the performance of the Agreement as specified by the DEPARTMENT may result in <br />termination of this Agreement. <br />The remedies set forth above are not exclusive and the DEPARTMENT reserves the right to exercise <br />other remedies in addition to or in lieu of those set forth above, as permitted by this Agreement. <br />24. Records made or received in conjunction with this Agreement are public records. This Agreement may <br />be unilaterally canceled by the DEPARTMENT for unlawful refusal by the LOCAL SPONSOR to <br />allow public access to all documents, papers, letters, or other material made or received by the LOCAL <br />SPONSOR in conjunction with this Agreement and subject to disclosure under Chapter 119, Florida <br />Statutes and Section 24(a) of Article I of the State Constitution. <br />25. A. The LOCAL SPONSOR shall maintain books, records and documents directly pertinent to <br />performance under this Agreement in accordance with generally accepted accounting <br />principles consistently applied. The DEPARTMENT, the State, or their authorized <br />representatives shall have access to such records for audit purposes during the term of this <br />Agreement and for five (5) years following the completion date of this Agreement. In the event <br />any work is subcontracted, the LOCAL SPONSOR shall similarly require each subcontractor <br />to maintain and allow access to such records for audit purposes. <br />B. The LOCAL SPONSOR understands its duty, pursuant to Section 20.055(5), F.S., to cooperate <br />with the DEPARTMENT's Inspector General in any investigation, audit, inspection, review, <br />or hearing. The LOCAL SPONSOR will comply with this duty and ensure that its <br />subcontracts issued under this Grant, if any, impose this requirement, in writing, on its <br />subcontractors. <br />26. A. In addition to the requirements of the preceding paragraph, the LOCAL SPONSOR shall <br />comply with the applicable provisions contained in Attachment E (Special Audit <br />Requirements), attached hereto and made a part hereof. Exhibit 1 to Attachment E <br />summarizes the funding sources supporting the Agreement for purposes of assisting the <br />LOCAL SPONSOR in complying with the requirements of Attachment E. A revised copy <br />of Exhibit 1 must be provided to the LOCAL SPONSOR for each amendment that authorizes <br />a funding increase or decrease. If the LOCAL SPONSOR fails to receive a revised copy of <br />Exhibit 1, the LOCAL SPONSOR shall notify the DEPARTMENT's Grant Administrator at <br />850/245-2970, to request a copy of the updated information. <br />DEP Agreement No. 14IR2, Amendment No. 2, Page 6 of 12 <br />
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