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A TRUE COPY <br /> CERTIFICATION ON LAST PAGE <br /> J.R.SMITH,CLERK <br /> Contract 31748 <br /> DISTRICT COUNTY <br /> Gary Foster,Project Manager Roland DeBlois,Project Manager <br /> St. Johns River Water Management District Indian River County <br /> 4049 Reid Street 1840 25TH STREET <br /> Palatka,Florida 32177-2571 VERO BEACH, FL 32960 <br /> Phone: 386-329-4421 Phone: (772)226-1258 <br /> Email: Gfoster@sjrwmd.com Email: rdeblois@ircgov.com <br /> (b) The District's Project Manager shall have sole and complete responsibility for transmitting <br /> instructions, receiving information,and communicating District policies and decisions regarding all <br /> matters pertinent to performance of the Work. <br /> 8. AMENDMENTS. The parties may not amend this Agreement except in writing. Modifications that <br /> alter,add to,or deduct from the Work,or otherwise modify the terms of this Agreement, shall be <br /> implemented through a formal amendment. The District's Project Manager may also issue a District <br /> Supplemental Instruction(DSI)form(Attachment C)to authorize minor adjustments to the Work that are <br /> consistent with the purpose of the Work.Both parties must sign the DSI. A DSI may not be used to <br /> change the Total Compensation, quantity,quality or the Completion Date of the Work, or to change or <br /> modify the Agreement. <br /> 9. TERMINATION <br /> (a) Termination for Default. If either party materially fails to fulfill its obligations under this • <br /> Agreement,the terminating party shall provide the non-terminating party written notice of the <br /> deficiency by forwarding a Notice to Cure,citing the specific nature of the breach.The non- <br /> terminating party shall have 30 days to cure the breach. If the non-terminating party fails to cure the <br /> breach within the 30-day period,the terminating party may issue a Termination for Default Notice <br /> and this Agreement shall be terminated upon receipt or said notice. <br /> (b) Termination for Convenience. Either party may terminate this Agreement at any time for <br /> convenience upon 45 days' prior written notice to the non-terminating party. Upon District receipt of <br /> notice of termination, it shall place no further orders for materials, equipment,services, or facilities, <br /> for which reimbursement would otherwise be sought. The District shall also make every reasonable <br /> effort to cancel, upon terms satisfactory to the District, all orders or subcontracts related to the Work <br /> for which Contract#compensation would otherwise be sought. In the event of such termination,the <br /> District shall be compensated for all work performed pursuant to this Agreement prior to the <br /> effective date of termination. <br /> 10. ASSIGNMENT AND SUBCONTRACTS:The District shall not sublet, assign, or transfer any Work <br /> involving more than twenty percent(20%)of the total cost of the Work without County's prior written <br /> consent. Neither County approval of a subcontractor nor any other provision of this Agreement creates a <br /> contractual relationship between any subcontractor and County. The District is responsible for fulfilling <br /> all work elements in any subcontracts and payment of all monies due. <br /> 11. AUDIT; ACCESS TO RECORDS.the District and County must preserve its books and other records <br /> involving transactions related to this Agreement and provide each other, or its duly authorized <br /> representatives, access and necessary facilities to inspect and audit those records for five years after the <br /> receipt of funds. If an examination or audit is performed, the parties must continue to maintain all <br /> required records until such audit has been completed and all questions arising from it are resolved.The <br /> parties shall refund any payment(s)that are found to not constitute allowable costs based upon an audit <br /> examination. <br /> - 3 - <br />