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2015-236
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Last modified
4/23/2018 1:44:45 PM
Creation date
12/9/2015 11:01:55 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Second Amendment
Approved Date
12/08/2015
Control Number
2015-236
Agenda Item Number
8.G.
Entity Name
Florida Department Environmental Protection.
Division of Water Restoration Assistamce
Subject
Amendment No.2 to FDEP Grant Agreement 141R2
Dune Repair Project
Hurricane Repair Project
Area
Sector 3
Project Number
Agreement #141R2
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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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