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2019-002
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2019-002
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Last modified
12/27/2019 11:57:56 AM
Creation date
1/14/2019 4:28:40 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
01/08/2019
Control Number
2019-002
Agenda Item Number
8.E.
Entity Name
Department of Economic Opportunity (DEO)
Subject
Grant to construct educational living shoreline demo
Change in scope from original
Area
Round Island Park
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DocuSign Envelope ID: 4F49ED83-A0E8-4535-BBB4-F1419D233380 <br />Agreement # P0307 <br />unless the Scope of Work specifies otherwise. DEO has twenty (20) days to deliver a request <br />for payment (voucher) to the Department of Financial Services. The twenty (20) days are <br />measured from the latter of the date the invoice is received or the goods or services are <br />received, inspected and approved. The Scope of Work may specify conditions for retainage. <br />Invoices returned to a Grantee due to preparation errors will result in a delay of payment. <br />Invoice payment requirements do not start until a properly completed invoice is provided to <br />DEO. DEO is responsible for all payments under the Agreement. <br />4. Section 55.03(1), F.S., identifies the process applicable to the determination of the rate of <br />interest payable on judgments and decrees, and pursuant to section 215.422(3)(b), F.S., this <br />same process applies to the determination of the rate of interest applicable to late payments <br />to vendors for goods and services purchased by the State and for contracts which do not <br />specify a rate of interest. The applicable rate of interest is published at: <br />http://www.myfloridacfo.com/aadir/interest.htm <br />5. Grantee shall submit the final invoice for payment to DEO no later than 60 days after the <br />Agreement ends or is terminated. If Grantee fails to do so, DEO, in its sole discretion, may <br />refuse to honor any requests submitted after this time period and may consider Grantee to <br />have forfeited any and all rights to payment under this Agreement. <br />L. RETURN OR RECOUPMENT OF FUNDS <br />1. Recoupment. Notwithstanding anything in this Agreement to the contrary, DEO has an <br />absolute right to recoup Award Funds. DEO may refuse to reimburse Grantee for any cost if <br />DEO determines that such cost was not incurred in compliance with the terms of this <br />Agreement. DEO may demand a return of Award Funds if DEO terminates this Agreement. <br />The application of financial consequences as set forth in the Scope of Work is cumulative to <br />any of DEO's rights to recoup Award Funds. Notwithstanding anything in this Agreement to <br />the contrary, in no event shall the application of any financial consequences or recoupment <br />of Award Funds exceed the amount of Award Funds, plus interest. <br />2. Overpayments. If Grantee's (a) noncompliance with this Agreement or any applicable <br />federal, state, or local law, rule, regulation or ordinance, or (b) Grantee's performance or <br />nonperformance of any term or condition of this Agreement results in (i) an unlawful use of <br />Award Funds; (ii) a use of Award Funds that doesn't comply with the terms of this Agreement; <br />or (iii) a use which constitutes a receipt of Award Funds to which Grantee is not entitled (each <br />such event an "Overpayment"), then Grantee shall return such Overpayment of Award Funds <br />to DEO. <br />3. Discovery of Overpayments. Grantee shall refund any Overpayment of Award Funds to DEO <br />within 30 days of Grantee's discovery of an Overpayment, or receipt of notification from DEO <br />that and Overpayment has occurred. DEO is the final authority as to what may constitute an <br />Overpayment of Award Funds. Refunds should be sent to DEO's Agreement Manager, and <br />made payable to the "Department of Economic Opportunity". Should repayment not be <br />made in a timely manner, DEO may charge interest at the lawful rate of interest on the <br />outstanding balance beginning 30 days after the date of notification or discovery. <br />4. Right of Set -Off. DEO and the State shall have all of its common law, equitable and statutory <br />rights of set-off, including, without limitation, the State's option to withhold for the purposes <br />Page 8 of 37 <br />Rev. 9/27/18 <br />
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