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2023-215
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2023-215
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Last modified
1/22/2024 10:00:19 AM
Creation date
10/16/2023 4:31:51 PM
Metadata
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Template:
Official Documents
Official Document Type
Grant
Approved Date
09/26/2023
Control Number
2023-215
Agenda Item Number
8.T.
Entity Name
Florida Department of Management Services (DMS)
Subject
Grant Agreement for the purposes of upgrading 911 Systems
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Pursuing any of the above remedies will not preclude the Department from pursuing any other remedies <br />available under this Agreement or at law or in equity. If the Department waives any right or remedy in this <br />Agreement or fails to insist on strict performance by the Grantee, it does not affect, extend, or waive any other <br />right or remedy of the Department, or affect the later exercise of the same right or remedy by the Department <br />for any other default by the Grantee. <br />12. TERMINATION <br />12.1. Termination Due to the Lack of Funds. If funds become unavailable for the Agreement's purpose, <br />such an event will not constitute a default by the Department or the State. The Department agrees <br />to notify the Grantee in writing at the earliest possible time if funds are no longer available. In the <br />event that any funding identified by the Grantee as funds to be provided for completion of the <br />project as described herein becomes unavailable, including if any State funds upon which this <br />Agreement depends are withdrawn or redirected, the Department may terminate this Agreement <br />by providing written notice to the Grantee. The Department will be the final authority as to the <br />availability of funds. <br />12.2. Termination for Cause. The Department may terminate this Agreement for cause after ten (10) days <br />of a written notice, which will be issued after the 30 -day cure period ends. Cause includes, but is not <br />limited to, misuse of funds, fraud, lack of compliance with applicable rules, laws, and regulations, <br />failure to perform on time, or refusal to permit public access to any document, paper, letter, or other <br />material subject to disclosure under Chapter 119, F.S., unless exempt from Section 24(a) of Article I <br />of the State Constitution and section 119.07(1), F.S., or applicable state or federal law, which the <br />Grantee created or received under this Agreement. <br />12.3. Termination for Convenience. The Department may terminate this Agreement for convenience or <br />when it determines, in its sole discretion, that continuing the Agreement would not produce <br />beneficial results in line with the further expenditure of funds by providing the Grantee with thirty <br />(30) calendar days' prior written notice. <br />12.4. Mutual Termination. The parties may agree to terminate this Agreement for their mutual <br />convenience through a written amendment of this Agreement. The amendment will state the <br />effective date of the termination and the procedures for proper closeout of the Agreement. <br />12.5. Grantee Responsibilities upon Termination. Upon notice of termination, the Grantee shall: <br />12.5.1. not incur new obligations for the terminated portion of the Agreement; and <br />12.5.2. cancel as many outstanding obligations as possible. Costs incurred after the receipt of the <br />termination notice are disallowed. The Grantee shall not be relieved of liability to the <br />Department because of any breach of this Agreement by the Grantee. The Department may, <br />to the extent authorized by law, withhold payments to the Grantee for the purpose of set-off <br />until the exact amount of damages due to the Department from the Grantee is determined. <br />13. RESULTING THIRD PARTY CONTRACTS AND SUBCONTRACTS <br />13.1. The Grantee may contract with third parties to perform work in accordance with its Application. The <br />Grantee remains fully responsible for the satisfactory completion of any and all work performed by <br />any contractors and subcontractors. <br />13.1.1 If the Grantee contracts all or part of the work contemplated under this Agreement, including <br />entering into contracts with vendors for services, it is understood by the Grantee that all such <br />contract arrangements shall be evidenced by a written document containing all provisions <br />necessary to ensure the contractor's compliance with applicable state and federal laws. The <br />Grantee further agrees that the Department shall not be liable to the contractor for any <br />expenses or liabilities incurred under the contract and that the Grantee shall be solely liable <br />6 <br />
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