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2019-080
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Contract #34516 <br />Delay or failure by the District to enforce any right, remedy or deadline hereunder shall not impair, or be <br />deemed a waiver of, any such right, remedy or deadline, or impair the District's rights or remedies for any <br />subsequent breach or continued breach of this Agreement. <br />ADDITIONAL PROVISIONS (Alphabetical) <br />13. ASSIGNMENT. Recipient shall not assign this Agreement, or any monies due hereunder, without the <br />District's prior written consent. Recipient is solely responsible for fulfilling all work elements in any <br />contracts awarded by Recipient and payment of all monies due. No provision of this Agreement shall create <br />a contractual relationship between the District and any of Recipient's contractors or subcontractors. <br />14. AUDIT; ACCESS TO RECORDS; REPAYMENT OF FUNDS <br />(a) Maintenance of Records. Recipient shall maintain its books and records such that receipt and <br />expenditure of the funds provided hereunder are shown separately from other expenditures in a format <br />that can be easily reviewed. Recipient shall keep the records of receipts and expenditures, copies of all <br />reports submitted to the District, and copies of all invoices and supporting documentation for at least <br />five years after expiration of this Agreement. In accordance with generally accepted governmental <br />auditing standards, the District shall have access to and the right to examine any directly pertinent books <br />and other records involving transactions related to this Agreement. In the event of an audit, Recipient <br />shall maintain all required records until the audit is completed and all questions are resolved. Recipient <br />will provide proper facilities for access to and inspection of all required records. <br />(b) Repayment of Funds. District funding shall be subject to repayment after expiration of this Agreement <br />if, upon audit examination, the District finds any of the following: (1) Recipient has spent funds for <br />purposes other than as provided for herein, including but not limited to construction materials not used <br />in the Project; (2) Recipient has failed to perform a continuing obligation of this Agreement; <br />(3) Recipient has received duplicate funds from the District for the same purpose; (4) Recipient has been <br />advanced or paid unobligated funds; (5) Recipient has been paid funds in excess of the amount <br />Recipient is entitled to receive under the Agreement; and/or (6) Recipient has received more than 100% <br />contributions through cumulative public agency cost -share funding. <br />15. CIVIL RIGHTS. Pursuant to chapter 760, Fla. Stat., Recipient shall not discriminate against any employee <br />or applicant for employment because of race, color, religion, sex, or national origin, age, handicap, or <br />marital status. <br />16. COOPERATION WITH THE INSPECTOR GENERAL, PURSUANT TO §20.055(5) FLA. STAT. <br />Recipient and any subcontractors understand and will comply with their duty, pursuant to §20.055(5), Fla. <br />Stat., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. <br />17. DISPUTE RESOLUTION. Recipient is under a duty to seek clarification and resolution of any issue, <br />discrepancy, or dispute involving performance of this Agreement by submitting a written statement to the <br />District's Project Manager no later than ten business days after the precipitating event. If not resolved by the <br />Project Manager, the Project Manager shall forward the request to the District's Office of General Counsel, <br />which shall issue a written decision within ten business days of receipt. This determination shall constitute <br />final action of the District and shall then be subject to judicial review upon completion of the Project. <br />18. DIVERSITY REPORTING. The District is committed to the opportunity for diversity in the performance <br />of all cost-sharing agreements, and encourages Recipient to make a good faith effort to ensure that women <br />and minority-owned business enterprises (W/MBE) are given the opportunity for maximum participation as <br />contractors. The District will assist Recipient by sharing information on W/MBEs. Recipient shall provide <br />with each invoice a report describing: (1) the company names for all W/MBEs; (2) the type of minority, and <br />(3) the amounts spent with each during the invoicing period. The report will also denote if there were no <br />W/MBE expenditures. <br />-6- <br />
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