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<br />incurring costs for any activities in question or requiring the Recipient to reimburse the Department for <br />the amount of costs incurred for any items determined to be ineligible; <br /> <br />5, Exercise any other rights or remedies which may be otherwise available <br /> <br />under law; <br /> <br />(c) The Department may terminate this Agreement for cause upon such written notice <br />as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; <br />fraud: lack of compliance with applicable rules, laws and regulations; failure to perform in a timely <br />manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other <br />material subject to disclosure under Chapter 119. Fla Stat. as amended. <br /> <br />(d) Suspension or termination constitutes final agency action under Chapter 120, F~ <br />Stat. as amended, Notification of suspension or termination shall include notice of administrative <br />hearing rights and time frames. <br /> <br />(e) The Recipient shall return funds to the Department if found in non-compliance with <br />laws, rules, regulations governing the use of the funds or this Agreement. <br /> <br />(f) This Agreement may be terminated by the written mutual consent of the parties, <br /> <br />(g) Notwithstanding the above, the Recipient shall not be relieved of liability to the <br />Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent <br />authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the <br />exact amount of damages due the Department from the Recipient is determined. <br /> <br />(9) NOTICE AND CONTACT. <br /> <br />(a) All notices provided under or pursuant to this Agreement shall be in writing, either by <br />hand delivery, or first class, certified mail, return receipt requested, to the representative identified below <br />at the address set forth below and said notification attached to the original of this Agreement. <br /> <br />(b) The name and address of the Department contract manager for this Agreement is: <br /> <br />Beth Frost <br />Senior Management Analyst I <br />Department of Community Affairs <br />Division of Community Planning <br />2555 Shumard Oak Boulevard <br />Tallahassee. Florida 32399-2100 <br />(8S0) 488-2356 <br /> <br />(c) The name and address of the Representative of the Recipient responsible for the <br />administration of this Agreement is: <br /> <br />Marla Dumas <br />Director of Community Planning & Development <br />City of Sunny Isles Beach <br />17070 Collins Avenue, Suite 250 <br />Sunny Isles Beach, Florida 33160 <br />(d) In the event that different representatives or addresses are designated by either <br />party after execution of this Agreement, notice of the name, title and address of the new representative <br />will be rendered as provided in (9)(a) above. <br /> <br />4 <br />