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FWC Agreement No. 15120 <br /> to make scheduled or unscheduled, announced or unannounced monitoring visits. Specific State and <br /> Federal monitoring terms and conditions are found in Attachment C, Audit Requirements. Additionally, <br /> monitoring terms, conditions, and schedules may be included in Attachment A, Scope of Work. <br /> 9. TERMINATION. <br /> A. Commission Termination. The Commission may unilaterally terminate this Agreement for <br /> convenience by providing the Grantee with thirty(30) calendar days of written notice of its intent <br /> to terminate. The Grantee shall not be entitled to recover any cancellation charges or lost profits. <br /> The Grantee may request termination of the Agreement for convenience. <br /> B. Termination — Fraud or Willful Misconduct. This Agreement shall terminate immediately in <br /> the event of fraud or willful misconduct. In the event of such termination, the Commission shall <br /> provide the Grantee with written notice of termination. <br /> C. Termination—Other. The Commission may terminate this Agreement if the Grantee fails to: 1.) <br /> comply with all terms and conditions of this Agreement; 2.) produce each deliverable within the <br /> time specified by the Agreement or extension; 3.) maintain adequate progress, thus endangering <br /> the performance of the Agreement; or, 4.) abide by any statutory, regulatory, or licensing <br /> requirement. Rule 60A-1.006(3),F.A.C.,governs the procedure and consequences for default. The <br /> rights and remedies of the Commission in this clause are in addition to any other rights and remedies <br /> provided by law or under the Agreement. The Grantee shall not be entitled to recover any <br /> cancellation charges or lost profits. <br /> D. Termination - Funds Unavailability. In the event funds to finance this Agreement become <br /> unavailable or if federal or state funds upon which this Agreement is dependent are withdrawn or <br /> redirected, the Commission may terminate this Agreement upon no less than twenty-four (24) <br /> hours' notice in writing to the Grantee. Said notice shall be delivered by certified mail, return <br /> receipt requested or in person with proof of delivery. The Commission shall be the final authority <br /> as to the availability of funds and will not reallocate funds appropriated for this Agreement to <br /> another program thus causing"lack of funds." In the event of termination of this Agreement under <br /> this provision,the Grantee will be compensated for any work satisfactorily completed and any non- <br /> cancellable obligations properly incurred prior to notification of termination. <br /> E. Grantee Discontinuation of Activities upon Termination Notice. Upon receipt of notice of <br /> termination, the Grantee shall, unless the notice directs otherwise, immediately discontinue all <br /> activities authorized hereunder. Upon termination of this Agreement, the Grantee shall promptly <br /> render to the Commission all property belonging to the Commission. For the purposes of this <br /> section, property belonging to the Commission shall include, but shall not be limited to, all books <br /> and records kept on behalf of the Commission. <br /> 10. REMEDIES. <br /> A. Financial Consequences. In accordance with Sections 215.971(1)(a)&(b), F.S., Attachment A, <br /> Scope of Work, contains clearly established tasks in quantifiable units of deliverables that must be <br /> received and accepted in writing by the agency before payment. Each deliverable specifies the <br /> required minimum level of service to be performed and the criteria for evaluating the successful <br /> completion of each deliverable. If the Grantee fails to produce each deliverable within the time <br /> frame specified by the Scope of Work, the budget amount allocated for that deliverable may be <br /> deducted from the Grantee's payment. In addition, pursuant to Section 215.971(1)(c), the <br /> Commission shall apply any additional financial consequences, identified in the Scope of Work. <br /> GRANT-GOVERNMENTAL ENTITY Ver. June 15, 2015 Page 5 of 20 <br />