05-1584 SJRWMD Agreement - Laserfiche WebLink

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Contract #S1362l3 notice, to respond and assume the fmancial responsibility for completion of the work; in such event, District agrees to fund the remaining balance of it' s prior fmancial commitment as set forth herein; (4) failure to maintain adequate progress in the Work; (5) damage to another contractor; or (6) any other material breach of this Agreement, for which the District provides written notice to the City setting for the alleged material breaches. Amounts withheld shall not be considered due and shall not be paid until the ground(s) for withholding payment have been remedied. Notwithstanding the foregoing, the City shall have forty-five (45) days from the date of receipt of the District's written notice to cure the breach and satisfactorily resolve same with the District. F. Forfeiture of Final Pavment. City shall submit the final invoice to the District not later than 90 days after the Completion Date. City's FAILURE TO SUBMIT THE FINAL INVOICE TO THE DISTRICT WITHIN THE TIME FRAME ESTABLISHED HEREIN SHALL BE A FORFEITURE OF ANY REMAINING AMOUNT DUE UNDER THE AGREEMENT. G. Travel. In the event the cost schedule for the Work includes travel costs, travel expenses must be submitted on District or State of Florida travel forms. The District shall pay City all travel expenses pursuant to the District's Administrative Directive 2002-02. Travel expenses shall not be considered additional compensation, but shall be drawn from the amount provided in the proj ect budget. H. Release. Upon the satisfactory completion of the Work, the District will provide a written statement to City accepting all deliverables. Acceptance of the fmal payment shall be considered as a release in full of all claims against the District, or any of its members, agents, and employees, arising from or by reason of the Work done and materials fumished hereunder. ARTICLE IV - LIABILITY AND INSURANCE A. Each party to the Agreement is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees, and agents thereof. In addition, each party is subject to the provisions of Section 768.28, Fla. Stat., as amended. Nothing in this Agreement shall be construed as a waiver of sovereign immunity by any party hereto. B. Each party shall also acquire and maintain throughout the term of this Agreement such general liability, automobile insurance, and workers' compensation insurance as required by their current rules and regulations. ARTICLE V - FUNDING CONTINGENCY This Agreement is at all times contingent upon funding, which may include a single source or multiple sources, including, but not limited to: (1) ad valorem tax revenues appropriated by the District's Governing Board; (2) annual appropriations by the Florida Legislature, or (3) appropriations from other agencies or fimding sources. Agreements that extend for a period of more than one (1) year are subject to annual appropriation of funds, in the sole discretion and judgment of the District's Governing Board, for each succeeding year. Should the Work provided for hereunder not be approved, in whole or in part, for funding by an external fimding source, or the Governing Board in succeeding years, the District shall so notify City, and this Agreement shall be deemed terminated for convenience in accordance with TERMINATION FOR CONVENIENCE five (5) days after receipt of such notice, or within such additional time as the District may allow. Page 4 of 14