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2020-168
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Contract# IRL2020-04 <br />Encumbrance# GLO1-2002 <br />fails to cure the breach within the thirty (30) day period, the Council shall issue a Termination <br />for Default Notice and this Agreement shall be terminated upon receipt of said notice. In such <br />event, Recipient shall refund to the Council all funds provided to Recipient pursuant to this <br />Agreement within thirty (30) days of such termination. The Council may also terminate this <br />Agreement upon ten (10) days written notice in the event any of material misrepresentations <br />in the Project Proposal. <br />(b) Termination for Convenience. The Council may terminate this Agreement at any time for <br />convenience upon thirty (30) calendar days prior written notice to Recipient. Upon receipt of <br />notice, Recipient shall place no further orders for materials, equipment, services, or <br />facilities, for which reimbursement would otherwise be sought. Recipient shall also make <br />every reasonable effort to cancel, upon terms satisfactory to the Council, all orders or <br />subcontracts related to the Project for which reimbursement would otherwise be sought. In <br />the event of such termination, Recipient shall be compensated for all work performed <br />pursuant to this Agreement prior to the effective date of termination. <br />ADDITIONAL PROVISIONS (Alphabetical) <br />13. ASSIGNMENT. Recipient shall not assign this Agreement, or any monies due hereunder, without <br />the Council's prior written consent. Recipient is solely responsible for fulfilling all work elements <br />in any contracts awarded by Recipient and payment of all monies due. No provision of this <br />Agreement shall create a contractual relationship between the Council and any of Recipient's <br />contractors or subcontractors. <br />14. AUDIT; ACCESS TO RECORDS; REPAYMENT OF FUNDS. <br />(a) Maintenance of Records. Recipient shall maintain its books and records such that receipt and <br />expenditure of the funds provided hereunder are shown separately from other expenditures in <br />a format that can be easily reviewed. Recipient shall keep the records of receipts and <br />expenditures, copies of all reports submitted to the Council, and copies of all invoices and <br />supporting documentation for at least five (5) years after expiration of this Agreement. In <br />accordance with generally accepted governmental auditing standards, the Council shall have <br />access to and the right to examine any directly pertinent books and other records involving <br />transactions related to this Agreement. In the event of an audit, Recipient shall maintain all <br />required records until the audit is completed and all questions are resolved. Recipient will <br />provide proper facilities for access to and inspection of all required records. <br />(b) Repayment of Funds. Council funding shall be subject to repayment after expiration of this <br />Agreement if, upon audit examination, the Council finds any of the following: (1) Recipient <br />has spent funds for purposes other than as provided for herein; (2) Recipient has failed to <br />perform a continuing obligation of this Agreement; (3) Recipient has received duplicate funds <br />from the Council for the same purpose; and/or (4) Recipient has received more than one <br />hundred percent (100%) contributions through cumulative public agency cost -share funding. <br />(c) Florida Inspectors General. It is the duty of every state officer, employee, agency, special <br />district, board, commission, contractor, and subcontractor to cooperate with the inspector <br />general in any investigation, audit, inspection, review, or hearing pursuant to this section. <br />Page 6 <br />
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