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2021-033
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Last modified
3/23/2021 11:25:59 AM
Creation date
3/9/2021 12:46:26 PM
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/02/2021
Control Number
2021-033
Agenda Item Number
8.M.
Entity Name
St. Johns River Water Management District
Subject
Approval Cost-Share Grant #36528 for Moorhen Marsh Low Energy Aquatic Plant System
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Contract #36528 <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 matters <br />pertinent to performance of the Project. The District's Project Manager may issue a District <br />Supplemental Instruction (DSI) form, Attachment C, to authorize minor adjustments to the <br />Project that are consistent with the purpose of the Project. Both parties must sign the DSI. A DSI <br />may not be used to change the District cost -share or percentage, quantity, quality or the <br />Completion Date of the Project, or to change or modify the Agreement. <br />9. PROGRESS REPORTS AND PERFORMANCE MONITORING. <br />(a) Progress Reports. Recipient shall provide to the District quarterly Project update/status reports <br />as provided in the Statement of Work. Reports will provide detail on progress of the Project and <br />outline any potential issues affecting completion or the overall schedule. Recipient shall use the <br />District's Project Progress Report form, Attachment B. Recipient shall submit the Project <br />Progress Reports to the District's Project Manager and District's Budget Manager within 30 days <br />after the closing date of each calendar quarter (March 31, June 30, September 30 and December <br />31). <br />(b) Performance Monitoring. For as long as the Project is operational, the District shall have the <br />right to inspect the operation of the Project during normal business hours upon reasonable prior <br />notice. Recipient shall make available to the District any data that is requested pertaining to <br />performance of the Project. <br />10. WAIVER. The delay or failure by the District to exercise or enforce any of its rights under this <br />Contract shall not constitute or be deemed a waiver of the District's right thereafter to enforce those <br />rights, nor shall any single or partial exercise of any such right preclude any other or further exercise <br />thereof or the exercise of any other right. <br />11. FAILURE TO COMPLETE PROJECT <br />(a) Should Recipient fail to complete the Project, Recipient shall refund to the District all of the <br />funds provided to Recipient pursuant to this Agreement. However, the District, in its sole <br />judgment and discretion, may determine that Recipient has failed to complete the Project due to <br />circumstances that are beyond Recipient's control, or due to a good faith determination that the <br />Project is no longer environmentally or economically feasible. In such event, the District may <br />excuse Recipient from the obligation to return funds provided hereunder. If the Project has not <br />been completed within 30 days after the Completion Date, Recipient shall provide the District <br />With notice regarding its intention as to completion of the Project. The parties shall discuss the <br />status of the Project and may mutually agree to revise the time for Project completion or the <br />scope of the Project. Failure to complete the Project within 90 days after the Completion Date <br />shall be deemed to constitute failure to complete the Project for the purposes of this provision. <br />(b) In the event the Project constitutes a portion of the total functional project, this paragraph shall <br />apply in the event the total functional project is not completed. In such event, the 90 -day <br />timeframe provided herein shall commence upon the date scheduled for completion of the total <br />functional project at the time of execution of this Agreement, unless extended by mutual <br />agreement of the parties. Paragraphs I I (a) and 11(b) shall survive the termination or expiration of <br />this Agreement. <br />12. TERMINATION. If Recipient materially fails to fulfill its obligations under this Agreement, <br />including any specific milestones established herein, the District may provide Recipient written notice <br />of the deficiency by forwarding a Notice to Cure, citing the specific nature of the breach. Recipient <br />shall have 30 days following receipt of the notice to cure the breach. If Recipient fails to cure the <br />-5- <br />
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