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Last modified
3/5/2021 10:27:40 AM
Creation date
9/10/2020 2:38:40 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/18/2020
Control Number
2020-168
Agenda Item Number
8.AY.
Entity Name
Indian River Lagoon Natural Estuary Program (IRLNEP)
Subject
approval of cost-share agreement IRL2020-04 for North Sebastian Water and Sewer Project Phase 2
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Contract# IRL2020-04 <br />Encumbrance# GL01-2002 <br />AGENCY COST -SHARE AGREEMENT BY AND BETWEEN <br />THE IRL COUNCIL AND INDIAN RIVER COUNTY FOR THE <br />NORTH SEBASTIAN PHASE 2 SEPTIC TO SEWER PROJECT <br />THIS AGREEMENT ("Agreement") is entered into by and between the IRL COUNCIL ("Council"), <br />whose address is 1235 Main Street, Sebastian, Florida 32958, and INDIAN RIVER COUNTY, whose address <br />is 1801 27`h Street, Vero Beach, Florida 32960 ("Recipient"). All references to the parties hereto include <br />the parties, their officers, employees, agents, successors, and assigns. <br />RECITALS <br />The waters of the state of Florida are among its basic resources, and the Council has been <br />authorized by the United States Environmental Protection Agency to be the local sponsor <br />for the Indian River Lagoon National Estuary Program. <br />Pursuant to the IRL Council Interlocal Agreement, the Council is responsible for managing <br />the Indian River Lagoon National Estuary Program. <br />The Council has determined that providing cost -share funding to Recipient for the purposes <br />provided for herein will benefit the management of the water resources of the Indian River <br />Lagoon. <br />The parties have agreed to jointly fund the following project to benefit the water resources <br />in accordance with the funding formula further described in the Statement of Work, <br />Attachment A (hereafter "the Project'): <br />This Project will connect 201 parcels from septic to sewer service and is estimated to <br />reduce 5,580 lbs/yr of TN and 900 lbs/yr of TP from entering the IRL. <br />In consideration of the above recitals, and the funding assistance described below, Recipient agrees <br />to perform and complete the activities provided for in the Statement of Work, Attachment A. Recipient shall <br />complete the Project in conformity with the contract documents and all attachments and other items <br />incorporated by reference herein. This Agreement consists of all of the following documents: (1) Agreement, <br />(2) Attachment A- Statement of Work; and (3) all attachments, if any. The parties hereby agree to the <br />following terms and conditions. <br />TERM; WITHDRAWAL OF OFFER <br />(a) The term of this Agreement is from the date upon which the last party has dated and <br />executed the same ("Effective Date") until September 30, 2022 ("Completion Date"). <br />Recipient shall not commence the Project until any required submittals are received and <br />approved. Recipient shall commence performance on or after October 1, 2020 and shall <br />complete performance in accordance with the time for completion stated in the Statement <br />of Work. Time is of the essence for every aspect of this Agreement, including any time <br />extensions. Notwithstanding specific mention that certain provisions survive termination <br />or expiration of this Agreement, all provisions of this Agreement that by their nature extend <br />beyond the Completion Date survive termination or expiration hereof. <br />(b) This Agreement constitutes an offer until authorized, signed and returned to the Council by <br />Recipient. This offer terminates sixty (60) days after receipt by Recipient. <br />Page 1 <br />
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