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Contract #SH469AA <br /> considered as a release in full of all claims against the District, or any of its members , agents , and <br /> employees , arising from or by reason of the Work done and materials furnished hereunder. <br /> ARTICLE IV - LIABILITY AND INSURANCE <br /> A . Each party to the Agreement is responsible for all personal injury and property damage <br /> attributable to the negligent acts or omissions of that party and the officers , employees , and <br /> agents thereof. In addition , each party is subject to the provisions of Section 768 . 28 , Fla. Stat . <br /> ( 1999) . Nothing in this Agreement shall be construed as a waiver of sovereign immunity by any <br /> party hereto . <br /> B . Each party shall also acquire and maintain throughout the term of this Agreement such general <br /> liability , automobile insurance , and workers ' compensation insurance as required by their current <br /> rules and regulations . <br /> ARTICLE V - FUNDING CONTINGENCY <br /> This Agreement is at all times contingent upon funding , which may include a single source or <br /> multiple sources , including, but not limited to : ( 1 ) ad valorem tax revenues appropriated by the <br /> District ' s Governing Board ; (2) annual appropriations by the Florida Legislature , or ( 3 ) <br /> appropriations from other agencies or funding sources . Agreements that extend for a period of <br /> more than one ( 1 ) year are subject to annual appropriation of funds , in the sole discretion and <br /> judgment of the District' s Governing Board , for each succeeding year. Should the Work provided <br /> for hereunder not be approved , in whole or in part, for funding by an external funding source , or <br /> the Governing Board in succeeding years , the District shall so notify Contractor, and this <br /> Agreement shall be deemed terminated for convenience in accordance with Article VII. B . five <br /> ( 5 ) days after receipt of such notice , or within such additional time as the District may allow . <br /> ARTICLE VI - PROJECT MANAGEMENT <br /> A. Project Managers. The project managers shall be responsible for overall coordination , oversight, <br /> and management of the Work. The parties agree to the following persons being designated as <br /> project manager: <br /> DISTRICT COUNTY <br /> Wayne Mozo, Project Manager Keith McCully , Project Manager <br /> St. Johns River Water Management District Indian River County <br /> 525 Community College Parkway , S .E . 1840 25 "' Street <br /> Palm Bay , Florida 32909 Vero Beach , Florida 32960 <br /> 321 -984 -4494 772-567 -8000 <br /> E-mail : wmozo@sjrwmd . com E-mail : kmccully@ircgov . com <br /> B . District Project Manager. The District ' s Project Manager shall have sole and complete <br /> responsibility to transmit instructions , receive information , and communicate District policies and <br /> decisions regarding all matters pertinent to performance of the Work. The District ' s project <br /> manager shall have the authority to approve minor deviations in the Work that do not affect the <br /> Total Compensation or the Completion Date . The District ' s Project Manager and , as appropriate, <br /> other District employees , shall meet with County when necessary in the District ' s judgment to <br /> provide decisions regarding performance of the Work, as well as to review and comment on <br /> reports . <br /> Page 4 of 12 <br />