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2015-236
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2015-236
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Last modified
4/23/2018 1:44:45 PM
Creation date
12/9/2015 11:01:55 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Second Amendment
Approved Date
12/08/2015
Control Number
2015-236
Agenda Item Number
8.G.
Entity Name
Florida Department Environmental Protection.
Division of Water Restoration Assistamce
Subject
Amendment No.2 to FDEP Grant Agreement 141R2
Dune Repair Project
Hurricane Repair Project
Area
Sector 3
Project Number
Agreement #141R2
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32. The LOCAL SPONSOR warrants and represents that it is self-funded for liability insurance, <br />appropriate and allowable under Florida law, and that such self-insurance offers protection applicable <br />to the LOCAL SPONSOR's officers, employees, servants and agents while acting within the scope of <br />their employment with the LOCAL SPONSOR. <br />33. This Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest <br />in any third party without the mutual written agreement of the parties hereto. <br />34. A. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or <br />disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be <br />otherwise subjected to discrimination in performance of this Agreement. <br />B. An entity or affiliate who has been placed on the discriminatory vendor list pursuant to section <br />287.134, Florida Statutes, may not submit a bid on a contract to provide goods or services to <br />a public entity, may not submit a bid on a contract with a public entity for the construction or <br />repair of a public building or public work, may not submit bids on leases of real property to a <br />public entity, may not award or perform work as a contractor, supplier, subcontractor, or <br />consultant under contract with any public entity, and may not transact business with any public <br />entity. The Florida Department of Management Services is responsible for maintaining the <br />discriminatory vendor list and posts the list on its website. Questions regarding the <br />discriminatory vendor list may be directed to the Florida Department of Management Services, <br />Office of Supplier Diversity at (850) 487-0915. <br />35. A. The accounting systems for all LOCAL SPONSORS must ensure that these funds are not <br />commingled with funds from other agencies. Funds from each agency must be accounted for <br />separately. LOCAL SPONSORS are prohibited from commingling funds on either a program - <br />by -program or a PROJECT -by -PROJECT basis. Funds specifically budgeted and/or received <br />for one PROJECT may not be used to support another PROJECT. Where a LOCAL <br />SPONSOR' s, or subrecipient's, accounting system cannot comply with this requirement, the <br />LOCAL SPONSOR, or subrecipient, shall establish a system to provide adequate fund <br />accountability for each PROJECT it has been awarded. <br />B. If the DEPARTMENT finds that these funds have been commingled, the DEPARTMENT <br />shall have the right to demand a refund, either in whole or in part, of the funds provided to the <br />LOCAL SPONSOR under this Agreement for non-compliance with the material terms of this <br />Agreement. The LOCAL SPONSOR, upon such written notification from the <br />DEPARTMENT shall refund, and shall forthwith pay to the DEPARTMENT, the amount of <br />money demanded by the DEPARTMENT. Interest on any refund shall be calculated based on <br />the prevailing rate used by the State Board of Administration. Interest shall be calculated from <br />the date(s) the original payment(s) are received from the DEPARTMENT by the LOCAL <br />SPONSOR to the date repayment is made by the LOCAL SPONSOR to the DEPARTMENT. <br />C. In the event that the LOCAL SPONSOR recovers costs, incurred under this Agreement and <br />reimbursed by the DEPARTMENT, from another source(s), the LOCAL SPONSOR shall <br />reimburse the DEPARTMENT for all recovered funds originally provided under this <br />Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the <br />State Board of Administration. Interest shall be calculated from the date(s) the payment(s) are <br />recovered by the LOCAL SPONSOR to the date repayment is made to the DEPARTMENT <br />by the LOCAL SPONSOR. <br />DEP Agreement No. 14IR2, Amendment No. 2, Page 8 of 12 <br />
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