Laserfiche WebLink
FWC Agreement No. #22299 <br />conditions are found in the Requirements of the Federal and Florida Single Audit Acts, Attachment B. Monitoring <br />terms, conditions, and schedules may be included in Attachment A. <br />Section 8. TERMINATION. <br />A. Commission Unilateral Termination. <br />The Commission may unilaterally terminate this Agreement for convenience by providing the Recipient <br />with thirty (30) calendar days of written notice of its intent to terminate. The Recipient shall not be entitled <br />to recover any cancellation charges or lost profits. The Recipient may request termination of the Agreement <br />for convenience. <br />B. Termination — Fraud or Willful Misconduct. <br />This Agreement shall terminate immediately in the event of fraud or willful misconduct. In the event of <br />such termination, the Commission shall provide the Recipient with written notice of termination. <br />C. Termination — Funds Unavailability. <br />In the event funds to finance this Agreement become unavailable or if federal or state funds upon which <br />this Agreement is dependent are withdrawn or redirected, the Commission may terminate this Agreement <br />upon no less than twenty-four (24) hours' notice in writing to the Recipient. Said notice shall be delivered <br />by certified mail, return receipt requested or in person with proof of delivery. The Commission shall be the <br />final authority as to the availability of funds and will not reallocate funds appropriated for this Agreement <br />to another program thus causing "lack of funds." In the event of termination of this Agreement under this <br />provision, the Recipient will be compensated for any work satisfactorily completed and any non - <br />cancellable obligations properly incurred prior to notification of termination. <br />D. Termination — Other. <br />The Commission may terminate this Contract if the Recipient fails to: l.) comply with all terms and <br />conditions of this Agreement; 2.) produce each deliverable within the time specified by the Agreement or <br />extension; 3.) maintain adequate progress, thus endangering the performance of the Agreement; or, 4.) <br />abide by any statutory, regulatory, or licensing requirement. The Commission shall give written notice to <br />the Recipient of its intent to terminate the Agreement for cause. In the notice, the Commission shall provide <br />an opportunity for the Recipient to correct the deficiency or provide a corrective action plan to correct the <br />deficiency for the Commission, in its sole determination, to approve or disapprove. If no corrective action <br />plan is submitted and approved, the Recipient shall cure the deficiencies cited by the Commission in its <br />notice within fifteen (15) calendar days of receipt of such notice. If the Recipient does not cure the <br />deficiencies to the Commission's satisfaction within the fifteen (15) calendar days, or within the time <br />proscribed in an approved corrective action plan if one was provided, the Agreement will be terminated for <br />cause. At that time, the Commission will send a second notice to the Recipient noting that this Agreement is <br />being terminated for cause upon receipt of the notice and documenting the reasons this Agreement is being <br />terminated. The Commission reserves the right in its sole discretion, to determine if the Recipient's <br />deficiencies are legally excusable, or to extend the time to cure the deficiencies in writing. The Recipient's <br />damages for termination for cause shall be limited to the cost of work actually performed and approved by <br />the Commission. Section 287.135 1, F.S., governs the procedure and consequences for default. The rights <br />and remedies of the Commission in this clause are in addition to any other rights and remedies provided by <br />law or under the Agreement. Recipient shall not be entitled to recover any cancellation charges. <br />Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 7 of 29 <br />