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2022-133
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2022-133
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Last modified
8/22/2022 12:57:16 PM
Creation date
8/5/2022 11:38:36 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/12/2022
Control Number
2022-133
Agenda Item Number
8.J.
Entity Name
Indian River Lagoon Council
Subject
Agency Cost-Share Agreement for Phase 4 Restoration
for the Lost Tree Island Conservation Area
Contract# IRL2022-07
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Contract# IRL2022-07 <br />Encumbrance# GLO1-I895/GLO1-2205 <br />possible. The Statement of Work, Attachment A, includes the parties' current schedule for <br />completion of the Work and projection of expenditures on a fiscal year basis (October 1— <br />September 30) ("Annual Spending Plan"). If Recipient anticipates that expenditures will <br />exceed the budgeted amount during any fiscal year, Recipient shall promptly notify the <br />Council's Project Manager and provide a proposed revised work schedule and Annual <br />Spending Plan that provides for completion of the Work without increasing the Total <br />Compensation. The last date for the Council to receive this request is August 1 of the then - <br />current fiscal year. The Council may in its sole discretion prepare a Supplemental <br />Instruction Form incorporating the revised work schedule and Annual Spending Plan <br />during the then -current fiscal year or subsequent fiscal year(s). <br />6. LIABILITY AND INSURANCE. Each party is responsible for all personal injury and property <br />damage attributable to the negligent acts or omissions of that party, its officers and employees. <br />Nothing contained herein shall be construed or interpreted as denying to any party any remedy or <br />defense available under the laws of the State of Florida, nor as a waiver of sovereign immunity of <br />the State of Florida beyond the waiver provided for in Section 768.28, Fla. Stat., as amended. Each <br />party shall acquire and maintain throughout the term of this Agreement such liability, workers' <br />compensation, and automobile insurance as required by their current rules and regulations, which <br />may include participation in a self-insurance program. <br />7. 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 <br />to: (1) revenues appropriated by the Council's Board of Directors; (2) annual appropriations by <br />the Florida Legislature, or (3) appropriations from other agencies or funding sources. <br />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 Council's Board of Directors 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 Council shall so notify Recipient and this Agreement <br />shall be deemed terminated for convenience five (5) days after receipt of such notice, or within <br />such additional time as the Council may allow. For the purpose of this Agreement, "Fiscal Year" <br />is defined as the period beginning on 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 <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 mall; (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 />COUNCIL <br />Daniel Kolodny, Project Manager <br />IRL Council <br />1235 Main Street <br />Sebastian, FL 32958 <br />(772)216-7148 <br />Page 4 <br />RECIPIENT <br />Beth Powell, Assistant Director, IRC Parks and <br />Conservation Resources <br />Indian River County <br />5500 7Th Street <br />Vero Beach, FL 32967 <br />(772)226-1873 <br />
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