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Contract#28730 <br /> additional FDEP insurance requirements applicable to the Recipient are included in the Insurance <br /> attachment to the Agreement. <br /> 7 FUNDING CONTINGENCY.This Agreement is at all times contingent upon funding availability,which <br /> may include a single source or multiple sources, including, but not limited to:(1)ad valorem tax <br /> revenues appropriated by the District's Governing Board; (2)annual appropriations by the Florida <br /> Legislature, or(3)appropriations from other agencies or funding sources.Agreements that extend <br /> for a period of more than one Fiscal Year are subject to annual appropriation of funds in the sole <br /> discretion and judgment of the District's Governing Board for each succeeding Fiscal Year. Should <br /> the Project not be funded, in whole or in part, in the current Fiscal Year or succeeding Fiscal Years, <br /> the District shall so notify Recipient and this Agreement shall be deemed terminated for <br /> convenience five(5)days after receipt of such notice,or within such additional time as the District <br /> may.allow. For the purpose of this Agreement, "Fiscal Year" is defined as the period beginning on <br /> October 1 and ending on September 30. <br /> 8. 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 Project <br /> Managers at the addresses below and shall be sent by one of the following methods: (1) <br /> hand delivery; (2) U.S.certified mail; (3) national overnight courier; or(4)e-mail.Notices <br /> via certified mail are deemed delivered upon receipt.Notices via overnight courier are <br /> deemed delivered one(1) business day after having been deposited with the courier. <br /> Notices via e-mail are deemed delivered on the date transmitted and received. <br /> DISTRICT RECIPIENT <br /> Melisa Diolosa Keith McCully, P.E. <br /> Project Manager Project Manager <br /> St.Johns River Water Management District Indian River County <br /> 525 Community College Parkway,S.E. 180127"Street, Building A <br /> Palm Bay, Florida 32909 Vero Beach, Florida 32960 <br /> 321-676-6622 772-226-1562 <br /> E-mail: mdiolosa@sjrwmd.com E-mail: kmccully@ircgov.com <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. The District's Project Manager may <br /> issue a District Supplemental Instruction (DSI)form,Attachment C,to authorize minor <br /> changes in the Project that the parties agree are not inconsistent with the purpose of the <br /> Project,do not affect the District cost-share,Completion Date,or otherwise significantly <br /> modify the terms of the Agreement. <br /> 9. PROGRESS REPORTS AND PERFORMANCE MONITORING. <br /> (a) Progress Reports. Recipient shall provide to the District quarterly Project update/status <br /> reports as provided in the Statement of Work. Reports will provide detail on progress of the <br /> Project and outline any potential issues affecting completion or the overall schedule. <br /> Page 5 of 14 <br />