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2020-125
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Last modified
3/2/2021 3:23:53 PM
Creation date
7/14/2020 4:01:57 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/07/2020
Control Number
2020-125
Agenda Item Number
11.B.
Entity Name
CARES (Coronavirus Aid, relief, and Economic Security) Act
Subject
funding Agreement and spending plan
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Agreement or any previous agreement with the Division and has not cured them in timely <br />fashion, or is unable or unwilling to meet its obligations under this Agreement; <br />c. If material adverse changes occur in the financial condition of the Subrecipient at any time <br />during the period of agreement, and the Subrecipient fails to cure this adverse change <br />within thirty (30) days from the date written notice is sent by the Division. <br />d. If any reports required by this Agreement have not been submitted to the Division or have <br />been submitted with incorrect, incomplete or insufficient information; <br />e. If the Subrecipient has failed to perform and complete on time any of its obligations under <br />this Agreement. <br />(15)REMEDIES <br />If an Event of Default occurs, then the Division may, after thirty (30) calendar days written notice to <br />the Subrecipient and upon the Subrecipient's failure to cure within those thirty (30) days, exercise <br />any one or more of the following remedies, either concurrently or consecutively: <br />a. Terminate this Agreement, provided that the Subrecipient is given at least thirty (30) days <br />prior written notice of the termination. The notice shall be effective when placed in the <br />United States, first class mail, postage prepaid, by registered or certified mail -return receipt <br />requested, to the address in paragraph (2) CONTACT herein; <br />b. Begin an appropriate legal or equitable action to enforce performance of this Agreement; <br />c. Withhold or suspend payment of all or any part of a request for payment; <br />d. Require that the Subrecipient refund to the Division any monies used for ineligible purposes <br />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 />i. <br />o:i. request additional information from the Subrecipient to determine the reasons for <br />or the extent of non-compliance or lack of performance, <br />ii. issue a written warning to advise that more serious measures may be taken if the <br />situation is not corrected, <br />iii. advise the Subrecipient to suspend, discontinue or refrain from incurring costs for <br />any activities in question, <br />iv. require the Subrecipient to reimburse the Division for the amount of costs incurred <br />for any items determined to be ineligible, or <br />v. request the Department of Revenue to withhold from any future payment due to <br />the county under the Revenue Sharing Act of 1972 described in Part II of Chapter <br />218, Florida Statutes, or the Participation in Half Cent Sales Tax Proceeds <br />described in Part IV of Chapter 218, Florida Statutes, an amount equal to any <br />repayment due to the Division under this Agreement. <br />f. Exercise any other rights or remedies which may be available under law. Pursuing any of <br />the above remedies will not stop the Division from pursuing any other remedies in this <br />Agreement or provided at law or in equity. If the Division waives any right or remedy in this <br />Agreement or fails to insist on strict performance by the Subrecipient, it will not affect, <br />extend or waive any other right or remedy of the Division, or affect the later exercise of the <br />same right or remedy by the Division for any other default by the Subrecipient. <br />(16)TERMINATION <br />a. The Division may terminate this Agreement for cause after thirty (30) days written notice. <br />Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws <br />and regulations, failure to perform on time, and refusal by the Subrecipient to permit public <br />access to any document, paper, letter, or other material subject to disclosure under <br />Chapter 119, Florida Division of Emergency Management Statutes, as amended. <br />b. The Division may terminate this Agreement for convenience or when it determines, in its <br />sole discretion, that continuing the Agreement would not produce beneficial results in line <br />
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