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2022-178A
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2022-178A
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Last modified
10/21/2022 10:24:14 AM
Creation date
10/21/2022 10:22:41 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/20/2022
Control Number
2022-178A
Agenda Item Number
8.I.
Entity Name
Stater of Florida, Division of Emergency Management
Subject
State Funded Agreement for Emergency Preparedness and Assistance Grant
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(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 Agreement or <br />provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist <br />on strict performance by the Recipient, it will not affect, extend or waive any other right or remedy of <br />the Division, or affect the later exercise of the same right or remedy by the Division for any other default <br />by the Recipient. <br />(12) 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 and regulations, <br />failure to perform on time, and refusal by the Recipient to permit public access to any document, paper, <br />letter, or other material subject to disclosure under chapter 119, Florida 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 with the further <br />expenditure of funds, by providing the Recipient with thirty (30) 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 termination <br />and the procedures for proper closeout of this Agreement. <br />(d) In the event this Agreement is terminated, the Recipient will not incur new obligations for <br />the terminated portion of this Agreement after the Recipient has received the notification of termination. <br />The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the <br />termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division <br />because of any breach of this Agreement by the Recipient. The Division may, to the extent authorized by <br />law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due <br />the Division from the Recipient is determined. <br />(13) PROCUREMENT <br />(a) The Recipient shall ensure that any procurement involving funds authorized by the <br />Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. §§ <br />200.318 through 200.327 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(i), the Recipient shall "maintain records sufficient to <br />detail the history of procurement. These records will include but are not necessarily limited to the <br />following: rationale for the method of procurement, selection of contract type, contractor selection or <br />rejection, and the basis for the contract price." <br />
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