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Contract#: 2021 SG -06 Encumbrance#: GLO1-2013 Agreement. Nothing contained in this provision or elsewhere in the Agreement shall be construed or interpreted as consent by the Council to be sued, nor as a waiver of sovereign immunity beyond the waiver provided in Section 768.28, Florida Statutes. The Recipient shall further indemnify the Council for all costs and penalties the Council incurs related to any failure to offer Patient Protection and Affordable Care Act compliant health care coverage to Recipient -employees performing under this Agreement. 7. INSURANCE. Recipient shall acquire and maintain all insurance required by Attachment B, Insurance Requirements, and shall not commence Work until it has provided Certificates of Insurance to the Council as per Attachment B. Receipt of Certificates of Insurance indicating less coverage than required does not constitute a waiver of the Insurance Requirements. Recipient waives its right of recovery against the Council to the extent permitted by its insurance policies. Recipient's insurance shall be considered primary, and Council insurance shall be considered excess, as may be applicable to Recipient's obligation to provide insurance. 8. FUNDING CONTINGENCY. This Agreement is contingent upon funding availability. Should the Project not be funded, in whole or in part, the Council shall so notify Recipient and this Agreement shall be deemed terminated for convenience five (5) days after receipt of such notice, or within such additional time as the Council may allow. 9. PROJECT MANAGEMENT. The Project Managers listed below shall be responsible for overall coordination and management of the Project. COUNCIL Daniel Kolodny, Project Manager IRL Council 1235 Main Street Sebastian, FL 32958 (772)216-7148 E-mail: Kolodnyna,irlcouncil.org RECIPIENT Beth Powell Indian River County 5500 77th Street Vero Beach, FL 32967 (772) 226-1873 Email: bpowell@ircgov.com 10. PROGRESS REPORTS AND PERFORMANCE MONITORING (a) Progress Reports. Recipient shall provide to the Council Project update/status reports as provided in the Statement of Work. (b) Performance Monitoring. The Council shall have the right to inspect the operation of the Project during normal business hours upon reasonable prior notice. Recipient shall make available to the Council any data that is requested pertaining to performance of the Project. 11. TERMINATION. The IRL Council may terminate this Agreement without cause upon 10 days written notice. In such event Recipient shall be compensated for all Work performed in accordance with this Agreement to the effective date of termination. If Recipient materially fails to fulfill its obligations under this Agreement, including any specific milestones established herein, the Council shall provide Recipient written notice of the deficiency and this Agreement shall be terminated upon receipt of said notice. In such event, Recipient shall refund to the Council all funds provided to Recipient pursuant to this Agreement within thirty (30) days of such termination. 12. ASSIGNMENT; SUCCESSORS. Recipient shall not assign this Agreement, or any monies due hereunder, without the Council's prior written consent. No provision of this Agreement shall Page 2