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11/12/2013AP
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11/12/2013AP
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Last modified
6/26/2018 10:52:59 AM
Creation date
3/23/2016 9:05:56 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
11/12/2013
Meeting Body
Board of County Commissioners
Book and Page
215
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H:\Indian River\Network Files\SL00000G\S0004NU.tif
SmeadsoftID
14235
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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 <br /> applicable to the LOCAL SPONSOR's officers, employees, servants and agents while acting within <br /> the scope of their employment with the LOCAL SPONSOR. <br /> 33. The LOCAL SPONSOR recognizes that the State of Florida, by virtue of its sovereignty, is not <br /> required to pay any taxes on the services or goods purchased under the terms of this Agreement. <br /> 34. 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 /> 35. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall <br /> be excluded from participation in; be denied the proceeds or benefits of, or be otherwise <br /> subjected to discrimination in performance of this Agreement. <br /> B. An entity or affiliate who has been placed on the discriminatory vendor list maintained by <br /> the Florida Department of Management Services may not submit a bid on a contract to <br /> provide goods or services to a public entity,may not submit a bid on a contract with a public <br /> entity for the construction or repair of a public building or public work, may not submit bids <br /> on leases of real property to a public entity, may not award or perform work as a contractor, <br /> supplier, subcontractor, or consultant under contract with any public entity, and may not <br /> transact business with any public entity. Questions regarding the discriminatory vendor list <br /> may be directed to the Florida Department of Management Services, Office of Supplier <br /> Diversity at(850)487-0915. <br /> 36. 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 <br /> ti.► for separately. LOCAL SPONSORS are prohibited from commingling funds on either a <br /> program-by-program or a project-by-project basis. Funds specifically budgeted and/or <br /> received 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 <br /> the LOCAL SPONSOR under this Agreement for non-compliance with the material terms of <br /> this 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 <br /> on the prevailing rate used by the State Board of Administration. Interest shall be calculated <br /> from the date(s) the original payment(s) are received from the DEPARTMENT by the <br /> LOCAL SPONSOR to the date repayment is made by the LOCAL SPONSOR to the <br /> 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 <br /> the State Board of Administration. Interest shall be calculated from the date(s) the <br /> payment(s) are recovered by the LOCAL SPONSOR to the date repayment is made to the <br /> DEPARTMENT by the LOCAL SPONSOR. <br /> DEP Agreement No. 14I112 Page 9 of 12 <br /> 37 <br />
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