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2020-130J
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2020-130J
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Last modified
3/4/2021 3:01:22 PM
Creation date
8/20/2020 11:11:39 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/14/2020
Control Number
2020-130J
Agenda Item Number
11.A.
Entity Name
Florida Department of Health in Indian River County
Subject
CARES Act Proposed Spending Plan and Funding Agreement
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they are completed or may take other action as stated in Paragraph (15) REMEDIES. <br />"Acceptable to the Recipient" means that the work product was completed in accordance <br />with the Budget and Scope of Work. <br />e. The Subrecipient must provide additional program updates or information that may be <br />required by the Recipient. <br />(12) MONITORING <br />In addition to reviews of audits conducted in accordance with paragraph (10) AUDITS above, <br />monitoring procedures may include, but not be limited to, on-site visits by Recipient staff, <br />limited scope audits, or other procedures. The Subrecipient agrees to comply and cooperate <br />with any monitoring procedures/processes deemed appropriate by the Recipient. In the event <br />that the Recipient determines that a limited scope audit of the Subrecipient is appropriate, the <br />Subrecipient agrees to comply with any additional instructions provided by the Recipient to <br />the Subrecipient regarding such audit. The Subrecipient further agrees to comply and <br />cooperate with any inspections, reviews, investigations or audits deemed necessary by the <br />Florida Chief Financial Officer or Auditor General. In addition, the Recipient will monitor the <br />performance and financial management by the Subrecipient throughout the period of <br />agreement to ensure timely completion of all tasks. <br />(13) LIABILITY <br />Any Subrecipient which is a state agency or subdivision, as defined in section 768.28, Florida <br />Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which <br />result in claims or suits against the Recipient, and agrees to be liable for any damages <br />proximately caused by the acts or omissions to the extent set forth in section 768.28, Florida <br />Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any party <br />to which sovereign immunity applies. Nothing herein will be construed as consent by a state <br />agency or subdivision of the State of Florida to be sued by third parties in any matter arising <br />out of this Agreement. <br />(14) DEFAULT <br />a. If any of the following events occur ("Events of Default"), all obligations on the part of the <br />Recipient to make further payment of funds will, if the Recipient elects, terminate and <br />the Recipient has the option to exercise any of its remedies set forth in Paragraph <br />(15) REMEDIES. However, the Recipient may make payments or partial payments after <br />any Events of Default without waiving the right to exercise such remedies, and without <br />becoming liable to make any further payment. <br />b. If any warranty or representation made by the Subrecipient in this Agreement or any <br />previous agreement with the Recipient is or becomes false or misleading in any respect, <br />or if the Subrecipient fails to keep or perform any of the obligations, terms or covenants in <br />this Agreement or any previous agreement with the Recipient and has not cured them in <br />timely 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 Recipient. <br />d. If any reports required by this Agreement have not been submitted to the Recipient 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 Recipient 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 any <br />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 />
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