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2022-133
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2022-133
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Last modified
8/22/2022 12:57:16 PM
Creation date
8/5/2022 11:38:36 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/12/2022
Control Number
2022-133
Agenda Item Number
8.J.
Entity Name
Indian River Lagoon Council
Subject
Agency Cost-Share Agreement for Phase 4 Restoration
for the Lost Tree Island Conservation Area
Contract# IRL2022-07
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Contract# IRL2022-07 <br />Encumbrance# GLO 1- 1895/GLO 1-2205 <br />(b) This Agreement constitutes an offer until authorized, signed and returned to the Council by <br />Recipient. This offer terminates forty-five (45) days after receipt by Recipient; provided, <br />however, that Recipient may submit a written request for extension of this time limit to the <br />Council's Project Manager, stating the reason(s) therefor. The Project Manager shall notify <br />Recipient in writing if an extension is granted or denied. If granted, this Agreement shall be <br />deemed modified accordingly without any further action by the parties. <br />2. DELIVERABLES. Recipient shall fully implement the Project, as described in the Statement <br />of Work, Attachment A. Recipient is responsible for the professional quality, technical <br />accuracy, and timely completion of the Project. Both workmanship and materials shall be of <br />good quality. Unless otherwise specifically provided for herein, Recipient shall provide and <br />pay for all materials, labor, and other facilities and equipment necessary to complete the <br />Project. The Council's Project Manager shall make a final acceptance inspection of the Project <br />when completed and finished in all respects. Upon satisfactory completion of the Project, the <br />Council will provide Recipient a written statement indicating that the Project has been <br />completed in accordance with this Agreement. Acceptance of the final payment by Recipient <br />shall constitute a release in full of all claims against the Council arising from or by reason of <br />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) Comuensation. For satisfactory completion of the Project, the Council shall pay Recipient <br />approximately twenty three percent (23%) of the total cost of the Project, but in no event <br />shall the Council cost -share exceed $50,000. The Council cost -share is not subject to <br />modification based upon price escalation in implementing the Project during the term of <br />this Agreement. Recipient shall be responsible for payment of all costs necessary to ensure <br />completion of the Project. Recipient shall notify the Council's Project Manager in writing <br />upon receipt of any additional external funding for the Project not disclosed prior to <br />execution of this Agreement. <br />(b) In -Kind Services. Recipient agrees to provide $165,804 in the form of cash and/or in-kind <br />services for the Project, as further described in the Statement of Work, which shall count <br />toward Recipient's total cost -share obligation of $165,804. <br />5. PAYMENT OF INVOICES <br />(a) Submission of Invoices. Recipient shall submit one invoice upon successful completion of <br />the Project by one of the following two methods: (1) by mail to the IRL Council, 1235 Main <br />Street, Sebastian, Florida 32958, or (2) by e-mail to kolodny(i�irlcouncil.org. The invoice <br />shall be submitted in detail sufficient for proper pre -audit and post -audit review. It shall <br />include a copy of contractor and supplier invoices to Recipient and proof of payment. For all <br />approved expenses incurred on or after October 1, 2022, Recipient shall be reimbursed for <br />approximately twenty three percent (23%) of approved costs or the not -to -exceed sum of <br />$50,000, whichever is less. The Council shall not withhold any retainage from this <br />reimbursement. If necessary, for audit purposes, Recipient shall provide additional <br />supporting information as required to document invoices. <br />(b) End of Council Fiscal Year Reporting. The Council's fiscal year ends on September <br />Page 2 <br />
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