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2024-127
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2024-127
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Last modified
7/11/2024 11:10:25 AM
Creation date
7/11/2024 11:07:08 AM
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Template:
Official Documents
Official Document Type
First Amendment
Approved Date
06/18/2024
Control Number
2024-127
Agenda Item Number
8.J.
Entity Name
Florida Inland Navigation District
Subject
First Amendment to Termination of Lease Agreement and Release of Easement
for the Recreational use of Lands within the Dredged Material Management Area IR-14
Document Relationships
2024-128
(Cover Page)
Path:
\Official Documents\2020's\2024
2024-129
(Cover Page)
Path:
\Official Documents\2020's\2024
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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />RYAN L. BUTLER, CLERK <br />FWC Agreement No. 24030 <br />RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to <br />such remedy. The Commission, in its sole discretion, will determine if the delay is excusable under this paragraph <br />and will notify Recipient of its decision in writing. No claim for damages, other than for an extension of time, <br />shall be asserted against the Commission. Recipient shall not be entitled to an increase in the Agreement price or <br />payment of any kind from the Commission for direct, indirect, consequential, impact, or other costs, expenses or <br />damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, <br />interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, <br />due to any of the causes described in this paragraph, after the causes have ceased to exist, Recipient shall perform <br />at no increased cost, unless the Commission determines, in its sole discretion, that the delay will significantly <br />impair the value of the Agreement to the Commission or the State, in which case, the Commission may do any or <br />all of the following: (1) accept allocated performance or deliveries from Recipient, provided that Recipient grants <br />preferential treatment to the Commission with respect to products or services subjected to allocation; (2) purchase <br />from other sources (without recourse to and by Recipient for the related costs and expenses) to replace all or part <br />of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement <br />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 deadlines <br />for performance for Recipient's obligation to timely provide deliverables under this Agreement including but not <br />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 Grant Manager of any changes in total executive compensation <br />between the annual reports. All compensation reports must indicate what percent of compensation comes directly <br />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 />make statements on behalf of the Commission or its partners without prior direction and the Commission's written <br />approval. Production and filming requests related to this Agreement shall be processed through the Commission <br />only. <br />Recipient/Subrecipient Agreement . Last Revised: 3.20.2023 Page 27 of 29 <br />
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