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2021-070
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Last modified
6/25/2021 4:10:51 PM
Creation date
6/24/2021 1:17:26 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/04/2021
Control Number
2021-070
Agenda Item Number
8.K.
Entity Name
Federal Emergency Management Agency (FEMA)
Subject
Jones’ Pier Conservation Area Public Improvements Hazard Mitigation Assistance
Federally-funded Sub Award and Grant Agreement No. H0566
Project Number
4283-91-R
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iii. Advise the Sub -Recipient to suspend, discontinue or refrain from incurring <br />costs for any activities in question or <br />iv. Require the Sub -Recipient to reimburse the Division for the amount of costs <br />incurred for any items determined to be ineligible; <br />f. Exercise any other rights or remedies which may be available under law. <br />Pursuing any of the above remedies will not stop the Division from pursuing any other <br />remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in <br />this Agreement or fails to insist on strict performance by the Sub -Recipient, it will not affect, extend or <br />waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by <br />the Division for any other default by the Sub -Recipient. <br />(17) TERMINATION <br />a. The Division may terminate this Agreement for cause after thirty (30) days written <br />notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and <br />regulations, failure to perform on time, and refusal by the Sub -Recipient to permit public access to any <br />document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as <br />amended. <br />b. The Division 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 line with the <br />further expenditure of funds, by providing the Sub -Recipient with thirty (30) calendar day's prior written <br />notice. <br />c. The parties may agree to terminate this Agreement for their mutual convenience <br />through a written amendment of this Agreement. The amendment will state the effective date of the <br />termination and the procedures for proper closeout of the Agreement. <br />d. In the event that this Agreement is terminated, the Sub -Recipient will not incur new <br />obligations for the terminated portion of the Agreement after the Sub -Recipient has received the <br />notification of termination. The Sub -Recipient will cancel as many outstanding obligations as possible. <br />Costs incurred after receipt of :the termination notice will be disallowed. The Sub -Recipient shall not be <br />relieved of liability to the Division because of any breach of Agreement by the Sub -Recipient. The <br />Division may, to the extent authorized by law, withhold payments to the Sub -Recipient for the purpose of <br />set-off until the exact amount of damages due the Division from the Sub -Recipient is determined. <br />(18) PROCUREMENT <br />a. The Sub -Recipient shall ensure that any procurement involving funds authorized by <br />the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. <br />§§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for <br />Non -Federal Entity Contracts Under Federal Awards"). <br />b. As required by 2 C.F.R. §200.318(1), the Sub -Recipient shall "maintain records <br />sufficient to detail the history of procurement. These records will include, but are not necessarily limited <br />13 <br />
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