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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 />etc.) sets forth the entire contract between the parties, and that there are no promises or <br />understandings other than those stated in these documents. None of the provisions, terms and <br />conditions contained in this Agreement may be added to, modified, or otherwise altered, except by <br />written instrument executed by the parties hereto. All attachments, exhibits, and other documents <br />referenced herein are hereby incorporated herein as if set forth in full. <br />21. E -VERIFY. Pursuant to Section 448.095(5), Florida Statutes, the Recipient shall: <br />(a) Register with and use the E -Verify system to verify the work authorization status of all <br />new employees and require all subcontractors (providing services or receiving funding <br />under this Agreement) to register with and use the E -Verify system to verify the work <br />authorization status of all the subcontractors' new employees; <br />(b) Secure an affidavit from all subcontractors (providing services or receiving funding under <br />this Agreement) stating that the subcontractor does not employ, contract with, or <br />subcontract with an unauthorized alien; <br />(c) Maintain copies of all subcontractor affidavits for the duration of this Agreement; <br />(d) Comply fully, and ensure all of its subcontractors comply fully, with Section 448.095, <br />Florida Statutes; <br />(e) Be aware that a violation of Section 448.09, Florida Statutes (Unauthorized aliens; <br />employment prohibited) shall be grounds for termination of this Agreement; and <br />(f) Be aware that if the Council terminates this Agreement under Section 448.095(5xc), <br />Florida Statutes, the Recipient may not be awarded a public contract for at least 1 year after <br />the date on which the Agreement is terminated and will be liable for any additional costs <br />incurred by the Recipient as a result of the termination of the Agreement. <br />22. FEDERAL FUNDING REQUIREMENTS. This Agreement is funded, in whole or in part, with <br />funds received by the Council from the National Oceanic and Atmospheric Administration Fisheries <br />Habitat Conservation Program Office (CFDA No. 11.463), through opportunity number NOAA- <br />NMFS-HCPO-2023-2008081. The amount of federal funds provided under this Agreement is <br />$1,073,506. Recipient as a sub -grantee of these federal funds, shall comply with the provisions of <br />Attachment "D," all terms and conditions referenced or set forth in Exhibit A (NOAA Notice of <br />NOAA Award), NOAA Administrative Order (202-735D) "Scientific Integrity," its Procedural <br />Handbook, including any amendments thereto, 2 C.F.R. § 200.327 and Appendix II (contract <br />provision), and any other applicable grant requirement and federal law, rule, regulation, term, or <br />condition. <br />23. 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 shall <br />not be construed more strictly against one party than against the other because it may have been <br />drafted by one of the parties. As used herein, "shall" is always mandatory. In the event of any legal <br />proceedings arising from or related to this Agreement: (1) venue for any state or federal legal <br />proceedings shall be in Indian River County; (2) each party shall bear its own attorney's fees, <br />including appeals; (3) for civil proceedings, the parties hereby consent to trial by the court and <br />WAIVE THE RIGHT TO JURY TRIAL; (4) no remedy herein conferred upon any party is <br />intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative <br />Page 9 <br />
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