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2023-141A
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2023-141A
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FWC Agreement No. #22299 <br />B. Overpayments to Recipient. <br />Pursuant to Section 215.971(1)(f), F.S., any funds paid in excess of the amount to which the Recipient is <br />entitled under the terms and conditions of the Agreement must be refunded to the Commission. In the event <br />the Recipient or its independent auditor discovers that overpayment has been made, the Recipient shall <br />repay said overpayment within forty (40) calendar days without prior notification from the Commission. In <br />the event the Commission first discovers an overpayment has been made, the Commission will notify the <br />Recipient in writing. Should repayment not be made in a timely manner, the Commission shall be entitled <br />to charge interest at the lawful rate of interest established pursuant to Section 55.03(1), F.S., on the <br />outstanding balance beginning forty (40) calendar days after the date of notification or discovery. Refunds <br />should be sent to the Commission's Grant Manager and made payable to the "Florida Fish and Wildlife <br />Conservation Commission." <br />C. Additional Costs or Monetary Loss Resulting from Recipient Non -Compliance. <br />If the Recipient's non-compliance with any provision of the Agreement results in additional cost or <br />monetary loss to the Commission or the State of Florida to the extent allowed by Florida Law, the <br />Commission can recoup that cost or loss from monies owed to the Recipient under this Agreement or any <br />other agreement between Recipient and the Commission. In the event the discovery of this cost or loss <br />arises when no monies are available under this Agreement or any other agreement between the Recipient <br />and the Commission, the Recipient will repay such cost or loss in full to the Commission within thirty (30) <br />days of the date of notice of the amount owed, unless the Commission agrees, in writing, to an alternative <br />timeframe. If the Recipient is unable to repay any cost or loss to the Commission, the Commission shall <br />utilize remedies available by law and may notify the State of Florida, Department of Financial Services, <br />pursuant to Section 17.0415, F.S. <br />Section 6. COMMISSION EXEMPT FROM TAXES, PROPERTY EXEMPT FROM LIEN. <br />A. Commission Exempt from Taxes. <br />The Recipient recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any <br />taxes on the services or goods purchased under the terms of this Agreement. The Recipient is placed on <br />notice that this exemption generally does not apply to nongovernmental entity recipients, subrecipients, <br />contractors, or subcontractors. Any questions regarding this tax exemption should be addressed to the <br />Commission's Select an option. <br />B. Property Exempt from Lien. <br />If the Agreement involves the improvement of real property titled to the State of Florida, then the following <br />paragraph applies: <br />The Recipient acknowledges that Property being improved is titled to the State of Florida and is not <br />subject to lien of any kind for any reason. The Recipient shall include notice of such exemptions in any <br />subcontracts and purchase orders issued hereunder. <br />Section 7. MONITORING. <br />The Commission's Grant Manager shall actively monitor the Recipient's performance and compliance with the <br />terms of this Agreement. The Commission reserves the right for any Commission staff to make scheduled or <br />unscheduled, announced or unannounced monitoring visits. Specific State and Federal monitoring terms and <br />Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 6 of 29 <br />
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