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2024-305
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2024-305
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Last modified
12/30/2024 12:18:08 PM
Creation date
12/30/2024 12:12:16 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/03/2024
Control Number
2024-305
Agenda Item Number
9.Q.
Entity Name
Indian River Lagoon Council
Subject
Agency Cost Share Agreement for the Transformation Habitat Restoration at Big Slough
and Preachers Hole (Certified Copy – Original to Edgar Payan)
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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />RYAN L. BUTLER, CLERK <br />Contract# IRL2024N-08 <br />Encumbrance# GLO1-2309 <br />shall provide Recipient written notice of the deficiency by forwarding a Notice to Cure, citing the <br />specific nature of the breach. Recipient shall have thirty (30) days to cure the breach. If Recipient fails <br />to cure the breach within the thirty (30) day period, the Council shall issue a Termination for Default <br />Notice, and this Agreement shall be terminated upon receipt of said notice. In such event, Recipient <br />shall refund to the Council all funds provided to Recipient pursuant to this Agreement within thirty <br />(30) days of such termination. The Council may also terminate this Agreement upon ten (10) days <br />written notice in the event any of material misrepresentations in the Project Proposal. <br />13. ASSIGNMENT. Recipient shall not assign this Agreement, or any monies due hereunder, without <br />the Council's prior written consent. Recipient is solely responsible for fulfilling all work elements <br />in any contracts awarded by Recipient and payment of all monies due. No provision of this <br />Agreement shall create a contractual relationship between the Council and any of Recipient's <br />contractors or subcontractors. <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 funds provided hereunder are shown separately from other <br />expenditures in a format that can be easily reviewed. Recipient shall keep the records of <br />receipts and expenditures, copies of all reports submitted to the Council, and copies of all <br />invoices and supporting documentation for at least five (5) years after expiration of this <br />Agreement. In accordance with generally accepted governmental auditing standards, the <br />Council shall have access to and the right to examine any directly pertinent books and other <br />records involving transactions related to this Agreement. In the event of an audit, Recipient <br />shall maintain all required records until the audit is completed and all questions are resolved. <br />Recipient will provide proper facilities for access to and inspection of all required records. <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) Recipient <br />has spent funds for purposes other than as provided for herein; (2) Recipient has failed to <br />perform a continuing obligation of this Agreement; (3) Recipient has received duplicate <br />funds from the Council for the same purpose; and/or (4) Recipient has received more than <br />one hundred percent (100%) contributions through cumulative public agency cost -share <br />funding. <br />(c) Florida Inspectors General. It is the duty of every state officer, employee, agency, <br />special district, board, commission, contractor, and subcontractor to cooperate with the <br />inspector general in any investigation, audit, inspection, review, or hearing pursuant to <br />this section. <br />15. BUY AMERICA BUILD AMERICA. <br />Funds provided under this agreement to the subrecipient may not be used for an infrastructure <br />project unless: <br />(a) all iron and steel used in the project are produced in the United States this means all <br />manufacturing processes, from the initial melting stage through the application of <br />coatings, occurred in the United States <br />Page 6 <br />
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