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2020 023 RESOLUTION
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2020 023 RESOLUTION
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3/2/2023 12:46:05 PM
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3/2/2023 9:35:35 AM
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Legislation-Meeting Minutes
Document Type
Resolution
Number
2020 023
Date
5/18/2020
Year
2020
Title
LAND AND WATER CONSERVATION FUND PROGRAM
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during the term of this Agreement Subrecipient is the subject of any reportable event as <br />outlined in Section 872 of Public Law 110-417 (41 USC 2313), for any reason, becomes <br />disqualified from conducting business in the State of Ohio, or becomes debarred from doing <br />business with the State of Ohio, Subrecipient will immediately notify ODNR, in writing, and <br />will immediately cease performance of the work. Failure to provide such notice in a timely <br />fashion as required by NPS shall void this agreement and may be sufficient cause for ODNR <br />to debar Subrecipient from future state contracting opportunities as may be permitted by law. <br />Subrecipient represents and warrants that it is not debarred from consideration for contract <br />awards by the Director of the Department of Administrative Services, pursuant to either Ohio <br />Revised Code §§ 153.02 or 125.25. <br />K. Boycotting. Pursuant to Ohio Revised Code §9.76, Subrecipient hereby declares <br />that it is not boycotting any jurisdiction with whom the State of Ohio can participate in open <br />trade, including the nation of Israel, and will not do so during the term of this Agreement. <br />L. Offshore Goods and Services. Subrecipient affirms to have read and understands <br />the terms of Executive Order No. 2019-12D issued by Ohio Governor Mike Dewine and has <br />signed and completed the Standard Affirmation and Disclosure Form and shall abide by those <br />requirements in the performance of this Agreement and perform no services required under <br />this Agreement outside of the United States. The Executive Order and Affirmation and <br />Disclosure Form are available at the following website: <br />tt=://govemor.ohio ov/wwps/portaUgov/governor/media/executive-orders/2019-12d <br />25. BREACH; CURE; DAMAGES. <br />A. Notice of Breach. ODNR may, at any time after a breach, terminate this Agreement, <br />upon written notice to Subrecipient. ODNR may recover all accounting, administrative, legal <br />rw and other expenses reasonably necessary for the preparation of the termination of the <br />Agreement. <br />B. Opportunity to Cure. ODNR, in its sole discretion, may permit Subrecipient to <br />cure the breach. Such cure period shall be no longer than 21 calendar days. Notwithstanding <br />ODNR permitting a period of time to cure the breach or Subrecipient's cure of the breach, <br />ODNR does not waive any of its rights and remedies provided ODNR in this Agreement, <br />including, but not limited to, recovery of funds paid for goods or services Subrecipient <br />receives in violation of Executive Order No. 2019-12D, costs associated with corrective action, <br />and liquidated damages. <br />C. Liquidated Damages. If the State determines that actual and direct damages are <br />uncertain or difficult to ascertain, the State in its sole discretion may recover a payment of <br />liquidated damages in the amount of Five percent (5%) of the value of the Agreement. <br />26. MISCELLANEOUS <br />A. Controlling Law. This Agreement and the rights of the parties hereunder <br />shall be governed, construed, and interpreted in accordance with the laws of the State <br />of Ohio. Subrecipient consents to jurisdiction in a court of proper jurisdiction in <br />Franklin County, Ohio. <br />B. Waiver. A waiver by any party of any breach or default by the other party <br />under this Agreement shall not constitute a continuing waiver by such party of any <br />subsequent act in breach of or in default hereunder. <br />71PuL!e <br />
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