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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# GLO1-I895/GLO1-2205 <br />30. 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 />work on the Project completed between the last invoice and September 30, and an estimate <br />of the 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 <br />(10) days prior to the due date and state the basis for the delay. <br />(d) Invoice Requirements. All invoices shall include the following information: (1) Council <br />contract number; (2) Council encumbrance number; (3) Recipient's name and address <br />(include remit address, if necessary); (4) Recipient's invoice number and date of invoice; <br />(5) Council Project Manager; (6) Recipient's Project Manager; (7) supporting <br />documentation as to cost and/or Project completion (as per the cost schedule and other <br />requirements of the Statement of Work); (8) Progress Report (if required). Invoices that <br />do not correspond with this paragraph shall be returned without action within twenty (20) <br />business days of receipt, stating the basis for rejection. Payments shall be made within <br />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 o£ (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 -fiscal year agreements, the Council must budget <br />the amount of funds that will be expended during each fiscal year as accurately as <br />Page 3 <br />
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