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40 40 less than $1 will not be enforced unless the County requests payment. The interest rate established pursuant to Section 55.03(1), Florida Statutes, by Comptroller's Memorandum No. 3 (1997-98) dated December 3, 1997, has been set at 10.0% per annum or .02740% per day. The revised interest rate for each calendar year beyond 1998 for which the term of this Agreement is in effect can be obtained by calling the Department of Banking at the telephone number provided above or at the Department's Contracts Section at 850/922-5942. 9. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by the Department of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. The Department shall have no liability except as specifically provided for in this Agreement. 10. The Department may terminate this Agreement at any time in the event of failure of the County to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide the County written notification of any performance failures and the County shall have ten (10) calendar days, from receipt of notification, to consult with the Department regarding the reason(s) for termination. If the parties cannot reach an agreement on the corrective measures to be taken and the schedule for corrective action, the Department may terminate this agreement by providing a minimum of fifteen (15) calendar days written notice to the County. Said notice shall specify the effective time and date of termination. Either the Department or the County may terminate this Agreement for convenience by written notice which clearly describes the basis for termination. Notice shall be sufficient if delivered personally or by certified mail to the addresses set forth in paragraph 1 I . 11. Any and all notices shall be delivered to the parties at the following addresses: Department: Mr. Jon Dodrill Environmental Administrator (Contract Manager) Department of Environmental Protection Office of Fisheries Management and Assistance Services Mail Station 240 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Coun : Mr. Jeff Tabor, Coastal Engineer (Contract Manager) Indian River County Coastal Engineering Division 1840 25h Street Vero Beach, Florida 32960 12. Pursuant to Section 216.2815, Florida Statutes, all records in conjunction with this Agreement shall be public records and shall be treated in the same manner as other public records under general law. This Agreement may be unilaterally canceled by the Department for refusal by the County to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County in conjunction with this Agreement. 13. The County shall maintain books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to Page 3 of 9