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2024-029
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2024-029
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Last modified
5/31/2024 12:58:35 PM
Creation date
2/15/2024 2:33:33 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
01/23/2024
Control Number
2024-029
Agenda Item Number
8.AA.
Entity Name
State of Florida, Florida Fish and Wildlife
Conservation Commission
Subject
FWC Agreement #23230 Triple N Ranch & Indian River County Expansion Project Grant Agreement
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FWC Agreement No. #23230 <br />is being terminated for cause upon receipt of the notice and documenting the reasons this Agreement is <br />being 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 />E. Recipient Discontinuation of Activities upon Termination Notice. <br />Upon receipt of notice of termination, the Recipient shall, unless the notice directs otherwise, immediately <br />discontinue all activities authorized hereunder. Upon termination of this Agreement, the Recipient shall <br />promptly 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 and <br />records kept on behalf of the Commission. <br />Section 9. REMEDIES. <br />A. Financial Consequences. <br />In accordance with Sections 215.971(1)(a) & (b), F. S., Attachment A contains clearly established tasks in <br />quantifiable units of deliverables that must be received and accepted in writing by the agency before <br />payment. Each deliverable specifies the required minimum level of service to be performed and the criteria <br />for evaluating the successful completion of each deliverable. If the Recipient fails to produce each <br />deliverable within the time frame specified by Attachment A, the budget amount allocated for that <br />deliverable will be reduced by ten percent (10%) from the Recipient's payment, unless otherwise modified <br />by Attachment A. <br />In addition, pursuant to Section 215.971(1)(c), the Commission shall apply any additional financial <br />consequences as listed below or as identified in Attachment A. <br />i. Temporarily withhold payments pending correction of the deficiency by the Contractor. <br />ii. Reduction of payment if correction of deficiency is not made by the Contractor. <br />iii. Disallow all or part of the cost of the activity or action not in compliance. <br />iv. Wholly or partly suspend or terminate this agreement. <br />V. Withhold future awards for the FWC projects. <br />vi. Take other remedies that may be legally available. <br />B. Cumulative Remedies. <br />The rights and remedies of the Commission during the Agreement period are in addition to any other rights <br />and remedies provided by law or under the Contract. <br />Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 8 of 29 <br />
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