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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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not corrected, <br />iii <br />activities in question or <br />A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />RYAN L. BUTLER, CLERK <br />Issue a written warning to advise that more serious measures may be taken if the situation is <br />Advise the Sub -Recipient to suspend, discontinue or refrain from incurring costs for any <br />iv. Require the Sub -Recipient to reimburse the Division for the amount of costs incurred for any <br />items determined to be ineligible; <br />f. The Division may Administratively close an Agreement. The Division may use the administrative close- <br />out process when a Sub -Recipient is not responsive to reasonable efforts to collect required reports <br />needed to complete the standard close-out process. The Division shall make three (3) written attempts <br />to collect required reports before initiating administrative close-out. In addition, if an agreement is <br />administratively closed, the Division may decide to impose remedies for noncompliance per 2 C.F.R. <br />§ 200.339, consider this information in reviewing future award applications, or apply special conditions <br />to existing or future awards. If the Division needs to administratively close an agreement, this may <br />negatively impact a Sub -Recipient's ability to obtain future funding; and <br />g. Exercise any other rights or remedies which may be available under law. <br />Pursuing any of the above remedies shall not stop the Division from pursuing any other remedies in <br />this Agreement or provided at law or in equity. If the Division waives any right or remedy in this <br />Agreement or fails to insist on strict performance by the Sub -Recipient, it shall 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 <br />by 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 days (30) written notice. Cause can <br />include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, <br />and refusal by the Sub -Recipient to permit public access to any document, paper, letter, or other material subject to <br />disclosure under chapter 119, Florida Statutes, as amended. <br />b. The Division may terminate this Agreement for cause after rejecting an appeal submitted due to <br />noncompliance, nonactivity, and/or a lack of expenditures for four (4) consecutive quarterly reporting periods. <br />c. The Division may terminate this Agreement for convenience or when it determines, in its sole <br />discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, <br />by providing the Sub -Recipient with thirty (30) calendar days prior written notice. <br />d. The parties may agree to terminate this Agreement for their mutual convenience through a written <br />amendment of this Agreement. The amendment shall state the effective date of the termination and the procedures for <br />proper closeout of the Agreement. <br />e. In the event that this Agreement is terminated, the Sub -Recipient shall not incur new obligations for <br />the terminated portion of the Agreement after the Sub -Recipient has received the notification of termination. The Sub - <br />Recipient shall cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice <br />shall be disallowed. The Sub -Recipient shall not be relieved of liability to the Division because of any breach of <br />Agreement by the Sub -Recipient. The Division may, to the extent authorized by law, withhold payments to the Sub - <br />12 <br />
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