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2024-033
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2024-033
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Last modified
2/16/2024 10:48:33 AM
Creation date
2/16/2024 10:42:43 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
02/06/2024
Control Number
2024-033
Agenda Item Number
8.C.
Entity Name
State of Florida Fish and Wildlife Conservation Commission
Subject
FWC Grant for Indian River County Derelict Vessel Removal Project
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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />?YAhI L. BUTLER, CLERK <br />FWC Agreement No. 23214 <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 />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 />Section 10. NOTICES AND CORRESPONDENCE. <br />Any and all notices shall be delivered to the individuals identified below. In the event that either Party designates <br />a different Grant Manager after the execution of this Agreement, the Party will provide written notice of the <br />name, address, zip code, telephone, and email address of the newest Grant Manager, or an individual authorized to <br />receive notice on behalf of that Party, to all other Parties as soon as possible, but not later than five (5) business <br />days after the new Grant Manager has been named. Designating a new Grant Manager shall not require a formal <br />Amendment to the Agreement. <br />Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 8 of 29 <br />
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