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<br />shall provide thirty (30) calendar days written notice of its intent to tenninate and shall provide the <br />Grantee an opportunity to consult with the Department regarding the reason(s) for tennination. <br /> <br />B. The Department may tenninate this Agreement for convenience by providing the Grantee with <br />thirty (30) calendar days written notice. <br /> <br />8. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public <br />access to all documents, papers, letters, or other material made or received by the Grantee in conjunction <br />with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution <br />and Section 119.07(1), Florida Statutes. <br /> <br />9. <br /> <br />10. <br /> <br />A. <br /> <br />The Grantee shall comply with the applicable provisions contained in Attachment D (Special Audit <br />Requirements), attached hereto and made a part hereof Exhibit 1 to Attachment D summarizes the <br />funding sources supporting the Agreement for purposed of assisting the Grantee in complying with <br />the requirements of Attachment D. A revised copy of Exhibit 1 must be provided to the Grantee for <br />each amendment, which authorizes a funding increase or decrease. If the Grantee fails to receive a <br />revised copy of Exhibit 1, the Grantee shall notify the Department's Grant Manager identified in this <br />Agreement to request a copy of the updated information. <br /> <br />B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may <br />further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall <br />consider the type of fmancial assistance (federal and/or state) identified in Attachment D, Exhibit 1 <br />when making its detennination. For federal fmancial assistance, the Grantee shall use the guidance <br />provided under OMB Circular A-B3, Subpart B, Section _.210 for determining whether the <br />relationship represents that of a subrecipient or vendor. For state fmancial assistance, the Grantee <br />shall use the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor <br />Detennination" (form number DFS-A2-NS) that can be found under the "LinkslFonns" section <br />appearing at the following website: <br /> <br />http://apps.fldfs. comlfsaa <br /> <br />The Grantee should confer with its chief fmancial officer, audit director, or contact the Department for <br />assistance with questions pertaining to the applicability of these requirements. <br /> <br />A. <br /> <br />The Grantee may subcontract, assign, or transfer any work under this Agreement without the <br />written consent of the Department's Grant Manager. The Grantee shall submit a copy of the <br />subcontract upon the request of the Department's Grant Manager. The Grantee agrees to be <br />responsible for the fulfillment of all work elements included in any subcontract consented to by the <br />Department and agrees to be responsible for the payment of all monies due under any subcontract. <br />It is understood and agreed by the Grantee that the Department shall not be liable to any <br />subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee <br />shall be solely liable to the subcontractor for all expenses and liabilities incurred under the <br />subcontract. <br /> <br />B. The Department of Environmental Protection supports diversity in its procurement program and <br />requests that all subcontracting opportunities afforded by this Agreement embrace diversity <br />enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the <br />State of Florida. The Department will be glad to furnish a list of minority owned businesses for <br />consideration in subcontracting opportunities. <br /> <br />11. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds <br />provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state <br />agency. <br /> <br />DEP Agreement No. LP6861, Page 3 of 6 <br /> <br />S\?> <br />