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Last modified
3/4/2021 3:02:15 PM
Creation date
12/18/2020 4:41:33 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/14/2020
Control Number
2020-130K
Agenda Item Number
11.A.
Entity Name
Cleveland Clinic Indian River Hospital
Subject
CARES Act Proposed Spending Plan and Funding Agreement
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c. Withhold or suspend payment of all or any part of a request for payment; <br />d. Require that the Subrecipient refund to the Recipient 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. 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, or <br />iv. require the Subrecipient to reimburse the Recipient for the amount of costs incurred <br />for any items determined to be ineligible, or <br />Exercise any other rights or remedies which may be available under law. Pursuing any of <br />the above remedies will not stop the Recipient from pursuing any other remedies in this <br />Agreement or provided at law or in equity. If the Recipient waives any right or remedy in <br />this Agreement or fails to insist on strict performance by the Subrecipient, it will not <br />affect, extend or waive any other right or remedy of the Recipient, or affect the later exercise <br />of the same right or remedy by the Recipient for any other default by the Subrecipient. <br />(16) TERMINATION <br />a. The Recipient 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 Recipient of Emergency Management Statutes, as amended. <br />b. The Recipient may terminate this Agreement for convenience or when it determines, in <br />its sole discretion, that continuing the Agreement would not produce beneficial results in <br />line with the further expenditure of funds, by providing the Subrecipient with thirty (30) <br />calendar days prior written notice. <br />c. The parties may agree to terminate this Agreement for their mutual convenience through <br />a written amendment of this Agreement. The amendment will state the effective date of the <br />termination and the procedures for proper closeout of this Agreement. <br />d. In the event this Agreement is terminated, the Subrecipient will not incur new obligations <br />for the terminated portion of this Agreement after they have received the notification of <br />termination. The Subrecipient will cancel as many outstanding obligations as possible. <br />Costs incurred after receipt of the termination notice will be disallowed. The Subrecipient <br />will not be relieved of liability to the Recipient because of any breach of this Agreement <br />by the Subrecipient. The Recipient may, to the extent authorized by law, withhold payments <br />to the Subrecipient for the purpose of set-off until the exact amount of damages due <br />the Recipient from the Subrecipient is determined. <br />(17) ATTACHEMENTS <br />a. All attachments to this Agreement are incorporated as if set out fully. <br />b. In the event of any inconsistencies or conflict between the language of this Agreement and <br />the attachments, the language of the attachments will control, but only to the extent of the <br />conflict or inconsistency. <br />(18) PAYMENTS <br />a. The Recipient will make eligible reimbursements to Subrecipient up to $100,000. <br />(19) REPAYMENTS <br />a. All refunds, return of improper payments, or repayments due to the Recipient under this <br />Agreement are to be made payable to the order of "Indian River County," and mailed <br />directly to the following address: <br />1801 27th Street <br />Vero Beach, Florida 32960 <br />
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