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2023-233
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2023-233
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Last modified
11/9/2023 2:25:31 PM
Creation date
11/9/2023 2:22:46 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
10/31/2023
Control Number
2023-233
Agenda Item Number
8.C.
Entity Name
Emergency Management District
Subject
FY2023 Emergency Management Performance Grant Federally Funded Subaward and Grant Agreement G0440
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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />RYAN L. BUTLER, CLERK <br />caused by the acts or omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to <br />serve as a waiver of sovereign immunity by any Sub -Recipient to which sovereign immunity applies. Nothing herein shall <br />be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter <br />arising out of any contract. <br />c. As defined in section 200.310 Insurance Coverage: The non-federal entity shall, at a <br />minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with <br />federal funds as provided to property owned by the non-federal entity. Federally -owned property need not be <br />insured unless required by the terms and conditions of the federal award. <br />(15) DEFAULT <br />If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make <br />further payment of funds shall terminate and the Division has the option to exercise any of its remedies set forth in <br />Paragraph (16); however, the Division may make payments or partial payments after any events of default without <br />waiving the right to exercise such remedies, and without becoming liable to make any further payment if: <br />a. Any warranty or representation made by the Sub -Recipient in this Agreement or any previous <br />agreement with the Division is or becomes false or misleading in any respect, or if the Sub -Recipient fails to keep or <br />perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has <br />not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; <br />b. Material adverse changes occur in the financial condition of the Sub -Recipient at any time during the <br />term of this Agreement, and the Sub -Recipient fails to cure this adverse change within thirty (30) days from the date <br />written notice is sent by the Division; <br />c. Any reports required by this Agreement have not been submitted to the Division or have been <br />submitted with incorrect, incomplete, or insufficient information; or, <br />d. The Sub -Recipient has failed to perform and complete on time any of its obligations under this <br />Agreement. <br />(16) REMEDIES <br />If an Event of Default occurs, then the Division shall, after thirty (30) calendar days written notice to the <br />Sub -Recipient and upon the Sub -Recipient's failure to cure within those thirty (30) days, exercise any one or more of the <br />following remedies, either concurrently or consecutively: <br />a. Terminate this Agreement, provided that the Sub -Recipient is given at least thirty (30) days prior <br />written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage <br />prepaid, by registered or certified mail -return receipt requested, to the address in paragraph (3) herein,- <br />b. <br />erein; <br />b. Begin an appropriate legal or equitable action to enforce performance of this Agreement; <br />c. Withhold or suspend payment of all or any part of a request for payment; <br />d. Require that the Sub -Recipient refund to the Division any monies used for ineligible purposes under <br />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 />Request additional information from the Sub -Recipient to determine the reasons for or the <br />extent of non-compliance or lack of performance, <br />
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