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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# GLO1-2002 <br />2. DELIVERABLES. Recipient shall fully implement the Project, as described in the Statement of <br />Work, Attachment A. Recipient is responsible for the professional quality, technical accuracy, and <br />timely completion of the Project. Both workmanship and materials shall be of good quality. Unless <br />otherwise specifically provided for herein, Recipient shall provide and pay for all materials, labor, <br />and other facilities and equipment necessary to complete the Project. The Council's Project <br />Manager shall make a final acceptance inspection of the Project when completed and finished in <br />all respects. Upon satisfactory completion of the Project, the Council will provide Recipient a <br />written statement indicating that the Project has been completed in accordance with this Agreement. <br />Acceptance of the final payment by Recipient shall constitute a release in full of all claims against <br />the Council arising from or by reason of this Agreement. <br />3. OWNERSHIP OF DELIVERABLES. Unless otherwise provided herein, the Council does not <br />assert an ownership interest in any of the deliverables under this Agreement. <br />4. AMOUNT OF FUNDING. <br />(a) For satisfactory completion of the Project, the Council shall pay Recipient approximately <br />four percent (4%) of the total cost of the Project or five percent (5%) of the total <br />Construction costs, but in no event shall the Council cost -share exceed $204,017.69. The <br />Council cost -share is not subject to modification based upon price escalation in <br />implementing the Project during the term of this Agreement. Recipient shall be responsible <br />for payment of all costs necessary to ensure completion of the Project. Recipient shall <br />notify the Council's Project Manager in writing upon receipt of any additional external <br />funding for the Project not disclosed prior to execution of this Agreement. <br />(b) In -Kind Services. Recipient agrees to provide $1,791,395.54 in the form of cash and in- <br />kind services for the Project, as further described in the Statement of Work, which shall <br />count toward Recipient's total cost -share obligation of $5,637,912.31. <br />PAYMENT OF INVOICES <br />(a) Recipient shall submit one invoice upon successful completion of the project by one of the <br />following two methods: (1) by mail to the IRL Council, 1235 Main Street, Sebastian, <br />Florida 32958, or (2) by e-mail to kolodny@irlcouncil.org. Invoices shall be submitted in <br />detail sufficient for proper pre -audit and post -audit review. It shall include a copy of <br />contractor and supplier invoices to Recipient and proof of payment. For all approved <br />expenses, the Council shall reimburse Recipient based upon the Council's four percent <br />(4%) cost -share of the total approved expenses until the not -to -exceed amount of the <br />Council's cost -share, $204,017.69, has been expended. The Council shall not withhold <br />any retainage from this reimbursement. Council reimbursement is subject to annual <br />budgetary limitation, if applicable, as provided in subsection (g). If necessary, for audit <br />purposes, Recipient shall provide additional supporting information as required to <br />document invoices. <br />(b) End of Council Fiscal Year Reporting. The Council's fiscal year ends on September 30. <br />Irrespective of the invoicing frequency, the Council is required to account for all <br />encumbered funds at that time. When authorized under the Agreement, submittal of an <br />invoice as of September 30 satisfies this requirement. The invoice shall be submitted no <br />later than October 30. If the Agreement does not authorize submittal of an invoice as of <br />September 30, Recipient shall submit, prior to October 30, a description of the additional <br />Project work completed between the last invoice and September 30, and an estimate of the <br />Page 2 <br />
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