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A I NUL WHY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />FWC Agreement No. 21255 <br />monitoring terms and conditions are found in Attachment B, Audit Requirements. Additionally, monitoring <br />terms, conditions, and schedules may be included in Attachment A, Scope of Work. <br />8. 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unavailable or if federal or state funds upon which this Agreement is dependent are withdrawn or 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 />9. 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 will 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 June 2019 Page 5 of 20 <br />