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Contract #27199 <br /> Encumbrance # S005605 <br /> immunity of the state of Florida beyond the waiver provided for in section 768 .28 , Fla . Stat . , as <br /> amended . Each party shall acquire and maintain throughout the term of this Agreement such liability, <br /> workers ' compensation, and automobile insurance as required by their current rules and regulations . <br /> 8 . FUNDING CONTINGENCY . This Agreement is at all times contingent upon funding <br /> availability , which may include a single source or multiple sources , including, but not limited to : <br /> ( 1 ) ad valorem tax revenues appropriated by the District' s Governing Board ; (2) annual <br /> appropriations by the Florida Legislature , or (3 ) appropriations from other agencies or funding <br /> sources . Agreements that extend for a period of more than one Fiscal Year are subject to annual <br /> appropriation of funds in the sole discretion and judgment of the District's Governing Board for <br /> each succeeding Fiscal Year . Should the Project not be funded , in whole or in part , in the current <br /> Fiscal Year or succeeding Fiscal Years , the District shall so notify and this Agreement shall be <br /> deemed ternninated for convenience five (5 ) days after receipt of such notice , or within such <br /> additional time as the District may allow . For the purpose of this Agreement , "Fiscal Year" is <br /> defined as the period beginning on October 1 and ending on September 30 . <br /> 9 . PROJECT MANAGEMENT <br /> (a) The Project Managers listed below shall be responsible for overall coordination and <br /> management of the Project . Either party may change its Project Manager upon three ( 3 ) <br /> business days prior written notice to the other party . Written notice of change of address <br /> shall be provided within five (5 ) business days . All notices shall be in writing to the <br /> Project Managers at the addresses below and shall be sent by one of the following <br /> methods : ( 1 ) hand delivery ; (2 ) U . S . certified mail ; ( 3 ) national overnight courier; ( 4 ) e- <br /> mail or, ( 5 ) fax . Notices via certified mail are deemed delivered upon receipt . Notices via <br /> overnight courier are deemed delivered one ( 1 ) business day after having been deposited <br /> with the courier . Notices via e-mail or fax are deemed delivered on the date transmitted <br /> and received . <br /> DISTRICT RECIPIENT <br /> Frank Sakunna , Project Manager Keith McCully PE , Project Manager <br /> St . Johns River Water Management District Indian River County <br /> 525 Community College Parkway SE 1801 27th Street , Admin Bldg . A <br /> Palm Bay, Florida 32909 Vero Beach , FL 32960 -3388 <br /> ( 321 ) 984 -4944 ( 772 ) 226 - 15 62 <br /> E -mail : bsakuma u,) sjrwnnd . com E -mail : kmccully(4),ircgov . conn <br /> (b) The District ' s Project Manager shall have sole responsibility for transmitting instructions , <br /> receiving information , and communicating District policies and decisions regarding all <br /> matters pertinent to performance of the Project , and may approve minor deviations in the <br /> Project that do not affect the District cost-share or Completion Date or otherwise <br /> significantly modify the terms of the Agreement . <br /> 10 . PROGRESS REPORTS AND PERFORMANCE MONITORING <br /> ( a) Progress Reports. Recipient shall provide to the District Project update/status reports as <br /> provided in the Statement of Work . Reports will provide detail on progress of the Project <br /> and outline any potential issues affecting completion or the overall schedule. Reports nnay <br /> be submitted in any form agreed to by District ' s Project Manager and Recipient , and may <br /> include emails , memos , and letters . <br /> Page 4 <br />