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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />RYAN L. BUTLER, CLERK <br />FWC Agreement No. 24086 <br />Section 8. TERMINATION. <br />A. Commission Unilateral Termination. <br />The Commission may unilaterally terminate this Agreement for convenience by providing the <br />Recipient with thirty (30) calendar days of written notice of its intent to terminate. The Recipient <br />shall not be entitled to recover any cancellation charges or lost profits. The Recipient may request <br />termination of the Agreement 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 <br />event of such termination, the Commission shall provide the Recipient with written notice of <br />termination. <br />C. Termination — Funds Unavailability. <br />In the event funds to finance this Agreement become unavailable or if federal or state funds upon <br />which this Agreement is dependent are withdrawn or redirected, the Commission may terminate <br />this Agreement upon no less than twenty-four (24) hours' notice in writing to the Recipient. Said <br />notice shall be delivered by certified mail, return receipt requested or in person with proof of <br />delivery. The Commission shall be the final authority as to the availability of funds and will not <br />reallocate funds appropriated for this Agreement to another program thus causing "lack of funds." <br />In the event of termination of this Agreement under this provision, the Recipient will be <br />compensated for any work satisfactorily completed and any non -cancellable obligations properly <br />incurred prior to notification of termination. <br />D. Termination — Other. <br />The Commission may terminate this Contract if the Recipient fails to: 1.) comply with all terms <br />and conditions of this Agreement; 2.) produce each deliverable within the time specified by the <br />Agreement or extension; 3.) maintain adequate progress, thus endangering the performance of the <br />Agreement; or, 4.) abide by any statutory, regulatory, or licensing requirement. The Commission <br />shall give written notice to the Recipient of its intent to terminate the Agreement for cause. In the <br />notice, the Commission shall provide an opportunity for the Recipient to correct the deficiency or <br />provide a corrective action plan to correct the deficiency for the Commission, in its sole <br />determination, to approve or disapprove. If no corrective action plan is submitted and approved, <br />the Recipient shall cure the deficiencies cited by the Commission in its notice within fifteen (15) <br />calendar days of receipt of such notice. If the Recipient does not cure the deficiencies to the <br />Commission's satisfaction within the fifteen (15) calendar days, or within the time proscribed in an <br />approved corrective action plan if one was provided, the Agreement will be terminated for cause. <br />At that time, the Commission will send a second notice to the Recipient noting that this Agreement <br />is being terminated for cause upon receipt of the notice and documenting the reasons this <br />Agreement is being terminated. The Commission reserves the right in its sole discretion, to <br />Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 8 of 34 <br />