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Contract#IRL2019-18 <br /> Encumbrance#GL01-1736/GL01-1895 <br /> reimbursable costs shall be paid at the start of the next fiscal year. Recipient shall promptly <br /> notify the Council when it appears that Recipient's reimbursable costs will exceed the <br /> budgeted amount during any fiscal year and provide the Council with a revised funding plan. <br /> If the Council's annual budget permits, the Council may, in its sole discretion, prepare a <br /> Council Supplemental Instruction Form incorporating the revised funding plan and <br /> authorizing additional reimbursement during the current fiscal year. <br /> 6. INDEMNITY. Recipient shall indemnify and hold harmless, release, and forever discharge the <br /> Council,its public officers,employees,agents,representatives,successors,and assigns,from any and <br /> all liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, <br /> arising from or caused by the Recipient, its employees or sub-contractors, in the performance of the <br /> Work. The Recipient shall further indemnify the Council for all costs and penalties the Council incurs <br /> related to any failure to offer Patient Protection and Affordable Care Act compliant health care <br /> coverage to Recipient-employees performing under this contract.Nothing contained herein shall be <br /> construed or interpreted as denying to any party any remedy or defense available under the laws of <br /> the State of Florida,nor as a waiver of sovereign immunity of the State of Florida beyond the waiver <br /> provided for in Section 768.28,Fla. Stat.,as amended. <br /> 7. 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 /> 8. 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 to: <br /> (1)the United States Environmental Protection Agency; (2) annual appropriations by the Florida <br /> Legislature,or(3)appropriations from other agencies or funding sources.Agreements that extend <br /> for a period of more than one Fiscal Year are subject to annual appropriation of funds in the sole <br /> discretion and judgment of the Council's Board of Directors for each succeeding Fiscal Year. <br /> Should the Project not be funded,in whole or in part,in the current Fiscal Year or succeeding Fiscal <br /> Years, the Council shall so notify Recipient and this Agreement shall be deemed terminated for <br /> convenience five(5)days after receipt of such notice,or within such additional time as the Council <br /> may allow. For the purpose of this Agreement,"Fiscal Year"is defined as the period beginning on <br /> October 1 and ending on September 30. <br /> 9. 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 Project <br /> Managers at the addresses below and shall be sent by one of the following methods: (1) <br /> hand delivery;(2)U.S.certified mail;(3)national overnight courier;(4)e-mail or,(5)fax. <br /> Notices via certified mail are deemed delivered upon receipt.Notices via overnight courier <br /> are deemed delivered one (1) business day after having been deposited with the courier. <br /> Notices via e-mail or fax are deemed delivered on the date transmitted and received. <br /> Page 4 <br />