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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# GLO 1-2002 <br />additional amount due as of September 30 for such work. If there have been no prior <br />invoices, Recipient shall submit a description of the work completed on the Project through <br />September 30 and a statement estimating the dollar value of that work as of September 30. <br />(c) Final Invoice. The final invoice must be submitted no later than 45 days after the <br />Completion Date; provided, however, that when the Completion Date corresponds with the <br />end of the Council's fiscal year (September 30), the final invoice must be submitted no <br />later than 30 days after the Completion Date. Final invoices that are submitted after the <br />requisite date shall be subject to a penalty of 10 percent of the invoice. This penalty <br />may be waived by the Council, in its sole judgment and discretion, upon a showing of <br />special circumstances that prevent the timely submittal of the final invoice. Recipient <br />must request approval for delayed submittal of the final invoice not later than ten (10) <br />days prior to the due date and state the basis for the delay. <br />(d) All invoices shall include the following information: (1) Council contract number; (2) <br />Council encumbrance number; (3) Recipient's name and address (include remit address, if <br />necessary); (4) Recipient's invoice number and date of invoice; (5) Council Project <br />Manager; (6) Recipient's Project Manager; (7) supporting documentation as to cost and/or <br />Project completion (as per the cost schedule and other requirements of the Statement of <br />Work); (8) Progress Report (if required); (9) Diversity Report (if otherwise required <br />herein). Invoices that do not correspond with this paragraph shall be returned without <br />action within twenty (20) business days of receipt, stating the basis for rejection. Payments <br />shall be made within forty-five (45) days of receipt of an approved invoice. <br />(e) Travel expenses. If the cost schedule for this Agreement includes a line item for travel <br />expenses, travel expenses shall be drawn from the project budget and are not otherwise <br />compensable. If travel expenses are not included in the cost schedule, they are a cost that <br />is borne by recipient. <br />(f) Payments withheld. The Council may withhold or, on account of subsequently discovered <br />evidence, nullify, in whole or in part, any payment to such an extent as may be necessary <br />to protect the Council from loss as a result of. (1) defective work not remedied; (2) failure <br />to maintain adequate progress in the Project; (3) any other material breach of this <br />Agreement. Amounts withheld shall not be considered due and shall not be paid until the <br />ground(s) for withholding payment have been remedied. <br />(g) Annual budgetary limitation. For multi-year agreements, it is necessary for the Council to <br />budget as accurately as possible the amount of funds that will be expended by the Council <br />during each fiscal year. The Statement or Work, Attachment A, includes the parties' current <br />projection of the Council's cost -share on a fiscal year basis (October 1 — September 30). If <br />Recipient's reimbursable costs exceed the budgeted amount during any fiscal year, the excess <br />reimbursable costs shall be paid at the start of the next fiscal year. Recipient shall promptly <br />notify the Council when it appears that Recipient's reimbursable costs will exceed the <br />budgeted amount during any fiscal year and provide the Council with a revised funding plan. <br />If the Council's annual budget permits, the Council may, in its sole discretion, prepare a <br />Council Supplemental Instruction Form incorporating the revised funding plan and <br />authorizing additional reimbursement during the current fiscal year. <br />6. INDEMNITY. Recipient shall indemnify and hold harmless, release, and forever discharge the <br />Council, its public officers, employees, agents, representatives, successors, and assigns, from any and <br />all liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, <br />Page 3 <br />
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