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2020-130E
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Last modified
3/4/2021 2:57:37 PM
Creation date
8/4/2020 12:36:15 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/14/2020
Control Number
2020-130E
Agenda Item Number
11.A.
Entity Name
City of Vero Beach
Subject
CARES Act Funding Agreement
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b. In accordance with section 215.34(2), Florida Statutes, if a check or other draft is returned <br />to the Recipient for collection, Subrecipient shall pay the Recipient a service fee of $15.00 <br />or 5% of the face amount of the returned check or draft, whichever is greater. <br />(20) MANDATED CONDITIONS AND OTHER LAWS <br />a. The validity of this Agreement is subject to the truth and accuracy of all the information, <br />representations, and materials submitted or provided by the Subrecipient in this <br />Agreement, in any later submission or response to a Recipient request, or in any <br />submission or response to fulfill the requirements of this Agreement. All of said information, <br />representations, and materials is incorporated by reference. The inaccuracy of the <br />submissions or any material changes will, at the option of the Recipient and with thirty (30) <br />days written notice to the Subrecipient, cause the termination of this Agreement and the <br />release of the Recipient from all its obligations to the Subrecipient. <br />b. This Agreement must be construed under the laws of the State of Florida, and venue for <br />any actions arising out of this Agreement will be in the Circuit Court of Indian River County. <br />If any provision of this Agreement is in conflict with any applicable statute or rule, or is <br />unenforceable, then the provision is null and void to the extent of the conflict, and is <br />severable, but does not invalidate any other provision of this Agreement. <br />c. Any power of approval or disapproval granted to the Recipient under the terms of this <br />Agreement will survive the term of this Agreement. <br />d. This Agreement may be executed in any number of counterparts, any one of which may <br />be taken as an original. <br />e. The Subrecipient agrees to comply with the Americans With Disabilities Act (Public Law <br />101-336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and <br />private entities on the basis of disability in employment, public accommodations, <br />transportation, State and local government services, and telecommunications. <br />f. Those who have been placed on the convicted vendor list following a conviction for a public <br />entity crime or on the discriminatory vendor list may not submit a bid on a contract to <br />provide any goods or services to a public entity, may not submit a bid on a contract with a <br />public entity for the construction or repair of a public building or public work, may not submit <br />bids on leases of real property to a public entity, may not be awarded or perform work as <br />a contractor, supplier, subcontractor, or consultant under a contract with a public entity, <br />and may not transact business with any public entity in excess of $25,000.00 for a period <br />of thirty-six (36) months from the date of being placed on the convicted vendor list or on <br />the discriminatory vendor list. <br />g. The State of Florida's performance and obligation to pay under this Agreement is <br />contingent upon an annual appropriation by the Legislature, and subject to any modification <br />in accordance with Chapter 216, Florida Statutes, or the Florida Constitution. <br />h. All bills for fees or other compensation for services or expenses shall be submitted in detail <br />sufficient for a proper pre -audit and post -audit thereof. <br />i. Any bills for travel expenses must be submitted in accordance with section 112.061, Florida <br />Statutes. <br />j. The Recipient reserves the right to unilaterally cancel this Agreement if the Subrecipient <br />refuses to allow public access to all documents, papers, letters or other material subject to <br />the provisions of Chapter 119, Florida Statutes, which the Subrecipient created or received <br />under this Agreement. <br />k. If the Subrecipient is allowed to temporarily invest any advances of funds under this <br />Agreement, they must use the interest earned or other proceeds of these investments only <br />to cover expenditures incurred in accordance with section 601(d) of the Social Security Act <br />and the Guidance on eligible expenses. If a government deposits CRF payments in a <br />government's general account, it may use those funds to meet immediate cash <br />management needs provided that the full amount of the payment is used to cover <br />necessary expenditures. Fund payments are not subject to the Cash Management <br />Improvement Act of 1990, as amended. The State of Florida will not intentionally award <br />publicly -funded contracts to any contractor who knowingly employs unauthorized alien <br />workers, constituting a violation of the employment provisions contained in 8 U.S.C. <br />Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The <br />Recipient shall consider the employment by any contractor of unauthorized aliens a violation <br />of Section 274A(e) of the INA. Such violation by the Subrecipient of the employment <br />provisions contained in Section 274A(e) of the INA will be grounds for unilateral <br />cancellation of this Agreement by the Recipient. <br />
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