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DISTRICT Gary Foster, Project Manager St. Johns River Water Management District 4049 Reid Street Palatka, Florida 32177-2571 Phone: 386-329-4421 Email: Gfoster@sjrvvmd.com COUNTY Andrew Sobczak, Project Manager Indian River County 1801 27TH STREET VERO BEACH, FL 32960 Phone: (772) 226-1258 Email: asobczak@ircgov.com Contract 39088 (b) The District's Project Manager shall have sole and complete responsibility for transmitting instructions, receiving information, and communicating District policies and decisions regarding all matters pertinent to performance of the Work. AMENDMENTS. The parties may not amend this Agreement except in writing. Modifications that alter, add to, or deduct from the Work, or otherwise modify the terms of this Agreement, shall be implemented through a formal amendment. The District's Project Manager may also issue a District Supplemental Instruction (DSI) form (Attachment C) to authorize minor adjustments to the Work that are consistent with the purpose of the Work. Both parties must sign the DSI. A DSI may not be used to change the Total Compensation, quantity, quality or the Completion Date of the Work, or to change or modify the Agreement. 9. TERMINATION (a) Termination for Default. If either party materially fails to fulfill its obligations under this Agreement, the terminating party shall provide the non -terminating party written notice of the deficiency by forwarding a Notice to Cure, citing the specific nature of the breach. The non - terminating party shall have 30 days to cure the breach. If the non -terminating party fails to cure the breach within the 30 -day period, the terminating party may issue a Termination for Default Notice and this Agreement shall be terminated upon receipt or said notice. (b) Termination for Convenience. Either party may terminate this Agreement at any time for convenience upon 45 days' prior written notice to the non -terminating party. Upon District receipt of notice of termination, it shall place no further orders for materials, equipment, services, or facilities, for which reimbursement would otherwise be sought. The District shall also make every reasonable effort to cancel, upon terms satisfactory to the District, all orders or subcontracts related to the Work for which Contract 39088 compensation would otherwise be sought. In the event of such termination, the District shall be compensated for all work performed pursuant to this Agreement prior to the effective date of termination. 10. ASSIGNMENT AND SUBCONTRACTS. The District shall not sublet, assign, or transfer any Work involving more than twenty percent (20%) of the total cost of the Work without County's prior written consent. Neither County approval of a subcontractor nor any other provision of this Agreement creates a contractual relationship between any subcontractor and County. The District is responsible for fulfilling all work elements in any subcontracts and payment of all monies due. 11. AUDIT; ACCESS TO RECORDS. the District and County must preserve its books and other records involving transactions related to this Agreement and provide each other, or its duly authorized representatives, access and necessary facilities to inspect and audit those records for five years after the receipt of funds. If an examination or audit is performed, the parties must continue to maintain all required records until such audit has been completed and all questions arising from it are resolved. The parties shall refund any payment(s) that are found to not constitute allowable costs based upon an audit examination. -3-