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2004-137
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2004-137
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Last modified
9/1/2016 1:56:51 PM
Creation date
9/30/2015 8:13:58 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/08/2004
Control Number
2004-137ESD
Agenda Item Number
14.A.2
Entity Name
Department of Financial Services State Fire Marshal
Subject
Type IV Light Technical Rescue Team
Florida Urban Search and Rescue System
Archived Roll/Disk#
3210
Supplemental fields
SmeadsoftID
4548
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exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one <br /> of the following remedies shall not preclude the Department from pursuing any other remedies contained herein or <br /> otherwise provided at law or in equity: <br /> 1 . Terminate this Agreement, provided that the Recipient is given at least thirty (30) days <br /> prior written notice of such termination. The notice shall be effective when placed in the United States mail, first <br /> class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in <br /> paragraph (8) herein; <br /> 2. Commence an appropriate legal or equitable action to enforce performance of this <br /> Agreement; <br /> 3 . Exercise any corrective or remedial actions, to include but not be limited to, <br /> requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or <br /> Jack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is <br /> not corrected, advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in <br /> question or requiring the Recipient to reimburse the Department for the amount of costs incurred for any items <br /> determined to be ineligible; <br /> 4 . Exercise any other rights or remedies, which may be otherwise available under law; <br /> (c) The Department may terminate this Agreement for cause upon such written notice as is <br /> reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of <br /> compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the <br /> Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under <br /> Chapter 119, Fla. Stat., as amended. <br /> (d) Non compliance with any terms of this Agreement and the Scope of Work, Attachment B of <br /> this Agreement, by the Recipient shall result in termination of Agreement, which will require return of the said <br /> goods and equipment to the Department. <br /> (e) Suspension or termination constitutes final agency action under Chapter 120, Fla. Stat., as <br /> amended. Notification of suspension or termination shall include notice of administrative hearing rights and time <br /> frames. <br /> 5 <br />
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