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A TRUE COPY CERTIFICATION ON LAST PAGE J.R.SMITH,CLERK Contract 31748 3. FUNDING OF AGREEMENT.The District and Countyagree to pay 50%of the costs of controlling abandoned artesian wells in the Indian River County, up to$60,000.00 each over the entire term of this Agreement, equally divided between the following fiscal year periods: Fiscal Year: October 1,2017—September 30,2018 Amount: $ $20,000.00 Fiscal Year: October 1,2018—September 30,2019 Amount: $ $20,000.00 Fiscal Year: October 1,2019—September 30,2020 Amount: $ $20,000.00 Funding for each applicable fiscal year of this Agreement is subject to District Governing Board budgetary appropriation. 4. FUNDING CONTINGENCY (a) This Agreement is contingent upon funding availability, 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 funding sources. Agreements that extend for a period of more than one Fiscal Year are subject to annual appropriation of funds in the sole discretion and judgment of the District's Governing Board for each succeeding Fiscal Year. Should the Work not be funded, in whole or in part, in the current Fiscal Year or succeeding Fiscal Years, the District shall so notify Agency and this Agreement shall be deemed terminated for convenience five days after receipt of such notice,or within such additional time as the District may allow. For the purpose of this Agreement,"Fiscal Year"is defined as the period beginning on October 1 and ending on September 30. _ (b) The District and the County each intend to fulfill their obligations as stated in this Agreement, but they cannot make commitments in excess of appropriated funds authorized by law and made administratively available. If either party cannot fulfill its obligations due to funding,this Agreement may be terminated at the election of either party. 5. PAYMENT OF INVOICES. The District shall invoice the County quarterly (on December 31,March 31, June 30, and September 30 of each year) for payment of 50%of the amount expended for the controlling of abandoned wells during that quarter. 6. LIABILITY AND INSURANCE. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party, its officers, employees and agents. Nothing contained herein shall be construed or interpreted as denying to any party any remedy or defense available under the laws of the state of Florida, nor as a waiver of sovereign immunity of the state of Florida beyond the waiver provided for in §768.28, Fla. Stat.,as amended. Each party shall acquire and maintain throughout the term of this agreement such liability, workers' compensation, and automobile insurance as required by their current rules and regulations. 7. PROJECT MANAGEMENT (a) The project managers listed below shall be responsible for overall coordination, and management of the Work. Either party may change its Project Manager upon three business days' prior written notice to the other party. Written notice of change of address shall be provided within five business days. All notices shall be in writing to the Project Managers at the addresses below and shall be sent by one of the following methods: (1)hand delivery; (2)U.S. certified mail; (3) national overnight courier; or(4) email. Notices via certified mail are deemed delivered upon receipt.Notices via overnight courier are deemed delivered one business day after having been deposited with the courier.Notices via e-mail are deemed delivered on the date transmitted and received. -2 -