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A TRUE COPY
<br />CERTIFICATION ON LAST PAGE
<br />RYAN L. BUTLER, CLERK
<br />FWC Agreement No. 23214
<br />the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the
<br />Agreement to either Party. In the case of any delay Recipient believes is excusable under this paragraph,
<br />Recipient shall notify the Commission's Grant Manager in writing of the delay or potential delay and describe the
<br />cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay first
<br />arose, if Recipient could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar
<br />days after the date Recipient first had reason to believe that a delay could result, if the delay is not reasonably
<br />foreseeable. THE FOREGOING SHALL CONSTITUTE THE RECIPIENT'S SOLE REMEDY OR
<br />EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a
<br />condition precedent to such remedy. The Commission, in its sole discretion, will determine if the delay is
<br />excusable under this paragraph and will notify Recipient of its decision in writing. No claim for damages, other
<br />than for an extension of time, shall be asserted against the Commission. Recipient shall not be entitled to an
<br />increase in the Agreement price or payment of any kind from the Commission for direct, indirect, consequential,
<br />impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency
<br />arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is
<br />suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes
<br />have ceased to exist, Recipient shall perform at no increased cost, unless the Commission determines, in its sole
<br />discretion, that the delay will significantly impair the value of the Agreement to the Commission or the State, in
<br />which case, the Commission may do any or all of the following: (1) accept allocated performance or deliveries
<br />from Recipient, provided that Recipient grants preferential treatment to the Commission with respect to products
<br />or services subjected to allocation; (2) purchase from other sources (without recourse to and by Recipient for the
<br />related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which
<br />purchases may be deducted from the Agreement quantity; or (3) terminate the Agreement in whole or in part.
<br />Section 35. TIME IS OF THE ESSENCE.
<br />Time is of the essence regarding the performance obligations set forth in this Agreement. Any additional
<br />deadlines for performance for Recipient's obligation to timely provide deliverables under this Agreement
<br />including but not limited to timely submittal of reports, are contained in Attachment A.
<br />Section 36. REPORTING REQUIREMENTS CONCERNING EXECUTIVE ORDER 20-44
<br />This term does not apply to governmental entities
<br />If this Agreement is a sole -source, public-private agreement or if the Recipient, through this Agreement with the
<br />State, annually receives 50% or more of their budget from the State or from a combination of State and Federal
<br />funds, the Recipient shall provide an annual report (Executive Order 20-44 Attestation Form, Attachment C),
<br />including the most recent IRS Form 990, detailing the total compensation for the entities' executive leadership
<br />teams. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay,
<br />retirement benefits, deferred compensation, real -property gifts, and any other payout.
<br />The Recipient must also inform the Commission's Select an option of any changes in total executive
<br />compensation between the annual reports. All compensation reports must indicate what percent of compensation
<br />comes directly from the State or Federal allocations to the Recipient.
<br />Section 37. MEDIA REQUESTS.
<br />Recipients shall refer all requests by the media or public relations personnel to the Commission's Grant Manager.
<br />Recipients must submit a written request for permission before consulting with the media and the Commission
<br />will provide consultation and talking points. Recipients will not issue news releases, respond to questions, or
<br />Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 27 of 29
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