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2016-158
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2016-158
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Last modified
10/11/2016 12:00:46 PM
Creation date
10/11/2016 12:00:45 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
10/04/2016
Control Number
2016-158
Agenda Item Number
8.J.
Entity Name
St. Johns River Water Management District
Subject
North Sebastian Phase 1 Septic to Sewer
Cost Share Agreement
Area
North Sebastian
Project Number
28771
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Contract 428771 <br /> (d) All invoices shall include the following information: (1) District contract number; (2) <br /> Recipient's name, address, and authorization to directly deposit payment into Recipient's <br /> account(if Recipient has not yet provided the District with a completed Direct Deposit <br /> Authorization form; (3) Recipient's invoice number and date of invoice; (4) District Project <br /> Manager; (5) Recipient's Project Manager; (6) supporting documentation as to cost and/or <br /> Project completion (as per the cost schedule and other requirements of the Statement of <br /> Work); (7) Progress Report (if required); (8) Diversity Report(if otherwise required herein). <br /> Invoices that do not correspond with this paragraph shall be returned without action within <br /> twenty(20) business days of receipt, stating the basis for rejection. Payments shall be made <br /> within forty-five (45) days of receipt of an approved invoice. <br /> (e) Travel expenses. If the cost schedule for this Agreement includes a line item for travel <br /> expenses,travel expenses shall be drawn from the project budget and are not otherwise <br /> compensable. If travel expenses are not included in the cost schedule,they are a cost of <br /> providing the service that is borne by Recipient and are only compensable when specifically <br /> approved by the District as an authorized District traveler. In such instance, travel expenses <br /> must be submitted on District or State of Florida travel forms and shall be paid pursuant to <br /> District Administrative Directive 2000-02. <br /> (f) Payments withheld.The District may withhold or,on account of subsequently discovered <br /> evidence, nullify, in whole or in part, any payment to such an extent as may be necessary to <br /> protect the District from loss as a result of: (1) defective work not remedied; (2)failure to <br /> maintain adequate progress in the Project; (3)any other material breach of this Agreement. <br /> Amounts withheld shall not be considered due and shall not be paid until the ground(s)for <br /> withholding payment have been remedied. <br /> (g) Annual budgetary limitation. For multi-fiscal year agreements,the District must budget the <br /> amount of funds that will be expended during each fiscal year as accurately as possible. The <br /> Statement of Work,Attachment A, includes the parties' current schedule for completion of <br /> the Work and projection of expenditures on a fiscal year basis(October 1—September 30) <br /> ("Annual Spending Plan"). If Recipient anticipates that expenditures will exceed the budgeted <br /> amount during any fiscal year, Recipient shall promptly notify the District's Project Manager <br /> and provide a proposed revised work schedule and Annual Spending Plan that provides for <br /> completion of the Work without increasing the Total Compensation. The last date for the <br /> District to receive this request is August 1 of the then-current fiscal year. The District may in <br /> its sole discretion prepare a District Supplemental Instruction Form incorporating the revised <br /> work schedule and Annual Spending Plan during the then-current fiscal year or subsequent <br /> fiscal year(s). <br /> 6. LIABILITY AND INSURANCE. Each party is responsible for all personal injury and property damage <br /> attributable to the negligent acts or omissions of that party,its officers,employees and agents. <br /> Recipient accepts all risks arising from construction or operation of the Project. Nothing contained <br /> herein shall be construed or interpreted as denying to any party any remedy or defense available <br /> under the laws of the state of Florida, nor as a waiver of sovereign immunity of the state of Florida <br /> beyond the waiver provided for in section 768.28, Fla.Stat:,as amended.Each party shall acquire and <br /> maintain throughout the term of this Agreement such liability,workers'compensation,and <br /> automobile insurance as required by their current rules and regulations. If Florida Department of <br /> Environmental Protection("FDEP")funds will be used-to fund all or a portion of the Agreement, <br /> Page 4 of 14. <br />
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