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2024-003
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2024-003
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Last modified
1/26/2024 10:38:45 AM
Creation date
1/26/2024 10:38:14 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
01/09/2024
Control Number
2024-003
Agenda Item Number
8.L.
Entity Name
IRL Council
Subject
Small Grants Program Agreement for Continuing Engineering Consulting Services
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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />RYAN L. BUTLER, CLERK <br />Contract#: 2023 SG -09 <br />Encumbrance#: GLO1-1648 <br />create a contractual relationship between the Council and any of Recipient's contractors or <br />subcontractors. The Council and the Recipient each binds itself and its partners, successors, <br />executors, administrators and assigns to the other party and to the partners, successors, executors, <br />administrators and assigns of such other party, in respect to all covenants of this Agreement. <br />13. INDEPENDENT CONTRACTOR. No relationship of employer or employee is created by this <br />Agreement, it being understood that the Recipient will act hereunder as an independent <br />contractor and none of the Recipient's, officers, directors, employees, independent contractors, <br />representatives or agents performing services for Recipient pursuant to this Agreement shall have <br />any claim against the Council for compensation of any kind under this Agreement. The <br />relationship between the Council and the Recipient is that of independent contractors, and neither <br />shall be considered a joint venturer, partner, employee, agent, representative or other relationship <br />of the other for any purpose expressly or by implication. <br />14. AUDIT; ACCESS TO RECORDS; REPAYMENT OF FUNDS <br />(a) Maintenance of Records. Recipient shall maintain its books and records such that receipt <br />and expenditure of the grant funds are shown separately from other expenditures in a <br />format that can be easily reviewed. The Council shall have access to and the right to <br />examine any directly pertinent books and other records involving transactions related to <br />this Agreement. In the event of an audit, Recipient shall maintain all required records until <br />the audit is completed and all questions are resolved. <br />(b) Repayment of Funds. Council funding shall be subject to repayment after expiration of this <br />Agreement if, upon audit examination, the Council finds any of the following: (1) <br />Recipient has spent funds for purposes other than as provided for herein; (2) Recipient has <br />failed to perform a continuing obligation of this Agreement; (3) Recipient has received <br />duplicate funds from the Council for the same purpose; and/or (4) Recipient has received <br />more than one hundred percent (100%) contributions through cumulative public agency <br />cost -share funding. <br />15. CIVIL RIGHTS. Pursuant to Chapter 760, Fla. Stat., Recipient shall not discriminate against <br />any employee or applicant for employment because of race, color, religion, sex, or national <br />origin, age, handicap, or marital status. <br />16. COMMUNICATION AND ACKNOWLEDGEMENT OF FUNDING: As a granting agency, <br />the Council achieves its mission through partnerships with state agencies, local governments, <br />community organizations, and others. The Council requires Recipient to acknowledge the Council <br />when describing this project or program funded in whole or in part with Council funds in any of the <br />following products: (1) press releases, speaking engagements, and other public statements; (2) <br />publications and other documents; (3) websites; (4) visual presentations; (5) resource guides/toolkits; <br />(6) bid solicitations and/or; (7) social media. <br />17. DIVERSITY. The Council is committed to the opportunity for diversity in the performance of all <br />cost-sharing agreements, and encourages Recipient to make a good faith effort to ensure that <br />women and minority-owned business enterprises (W/MBE) are given the opportunity for <br />maximum participation as contractors. <br />18. GOVERNING LAW, VENUE, ATTORNEY'S FEES, WAIVER OF RIGHT TO JURY <br />TRIAL; REMEDY. This Agreement shall be construed according to the laws of Florida and <br />shall not be construed more strictly against one party than against the other because it may have <br />been drafted by one of the parties. As used herein, "shall" is always mandatory. In the event of <br />any legal proceedings arising from or related to this Agreement: (1) the Parties agree to remain <br />Page 3 <br />
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