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2024-164
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2024-164
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Last modified
9/20/2024 1:15:33 PM
Creation date
9/13/2024 10:06:50 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/20/2024
Control Number
2024-164
Agenda Item Number
8.R.
Entity Name
State of Florida Division of Emergency Management
Subject
2024/2025 State Funded Subgrant Agreement to Update Indian River County’s Hazards Analysis
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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />RYAN L. BUTLER, CLERK <br />d. Require that the Recipient refund to the Division any monies used for ineligible purposes under the <br />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 />i. request additional information from the Recipient to determine the reasons for or the <br />extent of non-compliance or lack of performance, <br />ii. issue a written warning to advise that more serious measures may be taken if the <br />situation is not corrected, <br />iii. advise the Recipient to suspend, discontinue or refrain from incurring costs for any <br />activities in question or <br />iv. require the Recipient to reimburse the Division for the amount of costs incurred for <br />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 remedies in this <br />Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to <br />insist on strict performance by the Recipient, it will not affect, extend or waive any other right or remedy of the <br />Division, or affect the later exercise of the same right or remedy by the Division for any other default by the <br />Recipient. <br />(16) TERMINATION <br />a. The Division may terminate this Agreement for cause after thirty (30) days written notice. Cause <br />can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to <br />perform on time, and refusal by the Recipient to permit public access to any document, paper, letter, or other <br />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 sole <br />discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure <br />of funds, by providing the Recipient with thirty (30) days prior written notice. <br />c. The parties may agree to terminate this Agreement for their mutual convenience through a written <br />amendment of this Agreement. The amendment will state the effective date of termination and the procedures <br />for proper closeout of this Agreement. <br />d. In the event this Agreement is terminated, the Recipient will not incur new obligations for the <br />terminated portion of this Agreement after the Recipient has received the Notification of Termination. The <br />Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination <br />notice will be disallowed. The Recipient shall not be relieved of liability to the Division because of any breach of <br />this Agreement by the Recipient. The Division may, to the extent authorized by law, withhold payments to the <br />Recipient for the purpose of set-off until the exact amount of damages due the Division from the Recipient is <br />determined. <br />(17) SUBCONTRACTS <br />If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned <br />subcontract must be forwarded to the Division for review and approval before it is executed by the Recipient. <br />
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