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03/05/2019
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03/05/2019
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Last modified
12/31/2019 12:00:06 PM
Creation date
4/5/2019 12:44:59 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
03/05/2019
Meeting Body
Board of County Commissioners
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DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C <br />the Recipient files a petition for administrative hearing with DEO. DEO's decision on the petition shall be final, subject to <br />the Recipient's right to review pursuant to chapter 120, F.S. Exhaustion of administrative remedies is an absolute condition <br />precedent to the Recipient's ability to pursue any other form of dispute resolution; provided however, that the Parties may <br />mutually agree to employ the alternative dispute resolution procedures outlined in chapter 120, F.S. <br />(13) <br />Termination. <br />(a) DEO may suspend or terminate this Agreement for cause upon 24-hour written notice, from the date notice <br />is sent by DEO. Cause includes, but is not limited to the Recipient's: improper or ineffective use of funds provided <br />under this Agreement; fraud; lack of compliance with any applicable rules, regulations, statutes, executive orders, HUD <br />guidelines, policies or directives, or laws; failure, for any reason, to timely and/or properly perform any of the Recipient's <br />obligations under this Agreement; submission of reports that are incorrect or incomplete in any material respect; and <br />refusal to permit public access to any document, paper, letter, or other material subject to disclosure under law, including <br />chapter 119, F.S., as amended. The Recipient shall not be entitled to recover any cancellation charges or unreimbursed <br />costs. <br />(b) DEO may terminate this Agreement, in whole or in part, for convenience by providing the Recipient 14days <br />written notice from the date notice is sent by DEO, setting forth the reasons for such termination, the effective date, <br />and, in the case of partial termination, the portion to be terminated. However, if in the case of partial termination, DEO <br />determines that the remaining portion of the award will not accomplish the purpose for which the award was made, <br />DEO may terminate the portion of the award which will not accomplish the purpose for which the award was made. <br />The Recipient shall continue to perform any work not terminated. The Recipient shall not be entitled to recover any <br />cancellation charges or unreimbursed costs for the terminated portion of work. <br />(c) The Parties may terminate this Agreement for their mutual convenience in writing, agreed upon by the Parties. <br />The termination must include the effective date of the termination. <br />(d) If this Agreement is terminated, the Recipient shall not incur new obligations for the terminated portion of <br />the Agreement after the Recipient has received the notification of termination. The Recipient shall cancel as many <br />outstanding obligations as possible. DEO shall disallow all costs incurred after the Recipient's receipt of the termination <br />notice. The Recipient shall not be relieved of liability to DEO because of any breach of the Agreement by the Recipient. <br />DEO may, to the extent authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact <br />amount of damages due DEO from the Recipient is determined. <br />(e) The rights and remedies under this clause are in addition to any other rights or remedies provided by law or <br />under this Agreement. <br />(14) Notice and Contact. <br />(a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first <br />class, certified mail, return receipt requested, to the representative identified below at the address set forth below or said <br />notification attached to the original of this Agreement. <br />(b) The name and address of the grant manager for this Agreement is: <br />Ginger Waters, Government Operations Consultant II <br />Florida Small Cities CDBG Program <br />Department of Economic Opportunity 107 <br />East Madison Street — MSC 400 <br />Tallahassee, Florida 32399-6508 <br />Telephone: (850) 717-8410 — Fax: (850) 922-5609 <br />Email: Ginger.Waters@deo.myflorida.com <br />deo.myforida.com <br />(c) The name and address of the Local Government Project Contact for this Agreement is: <br />Bill Schutt, Senior Economic Development Planner <br />Indian River County <br />6 <br />68 <br />
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