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2023-183
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2023-183
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Last modified
10/5/2023 12:50:00 PM
Creation date
10/5/2023 12:48:27 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/29/2023
Control Number
2023-183
Agenda Item Number
8.X.
Entity Name
St. Johns River Water Management District
Subject
Renewal of Cost Share Agreement for Controlling Abandoned Artesian Wells
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Contract 39088 <br />3. FUNDING OF AGREEMENT. The District and County agree to pay 50 % of the costs of controlling <br />abandoned artesian wells in the Indian River County, up to $60,000.00 each over the entire term of this <br />Agreement, equally divided between the following fiscal year periods: <br />Fiscal Year: October 1, 2023 — September 30, 2024 Amount: .......... $ $20,000.00 <br />Fiscal Year: October 1, 2024 — September 30, 2025 Amount: .......... $ $20,000.00 <br />Fiscal Year: October 1, 2025 — September 30, 2026 Amount: .......... $ $20,000.00 <br />Funding for each applicable fiscal year of this Agreement is subject to District Governing Board <br />budgetary appropriation. <br />4. FUNDING CONTINGENCY <br />(a) This Agreement is contingent upon funding availability, 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 <br />(3) appropriations from other agencies or funding sources. Agreements that extend for a period of <br />more than one Fiscal Year are subject to annual appropriation of funds in the sole discretion and <br />judgment of the District's Governing Board for each succeeding Fiscal Year. Should the Work not be <br />funded, in whole or in part, in the current Fiscal Year or succeeding Fiscal Years, the District shall so <br />notify Agency and this Agreement shall be deemed terminated for convenience five days after <br />receipt of such notice, or within such additional time as the District may allow. For the purpose of <br />this Agreement, "Fiscal Year" is defined as the period beginning on October 1 and ending on <br />September 30. <br />(b) The District and the County each intend to fulfill their obligations as stated in this Agreement, but <br />they cannot make commitments in excess of appropriated funds authorized by law and made <br />administratively available. If either party cannot fulfill its obligations due to funding, this Agreement <br />may be terminated at the election of either party. <br />5. PAYMENT OF INVOICES. The District shall invoice the County quarterly (on December 31, March <br />31, June 30, and September 30 of each year) for payment of 50 % of the amount expended for the <br />controlling of abandoned wells during that quarter. <br />6. LIABILITY AND INSURANCE. Each party is responsible for all personal injury and property damage <br />attributable to the negligent acts or omissions of that party, its officers, employees and agents. Nothing <br />contained herein shall be construed or interpreted as denying to any party any remedy or defense <br />available under the laws of the state of Florida, nor as a waiver of sovereign immunity of the state of <br />Florida beyond the waiver provided for in §768.28, Fla. Stat., as amended. Each party shall acquire and <br />maintain throughout the term of this agreement such liability, workers' compensation, and automobile <br />insurance as required by their current rules and regulations. <br />7. PROJECT MANAGEMENT <br />(a) The project managers listed below shall be responsible for overall coordination, and management of <br />the Work. Either party may change its Project Manager upon three business days' prior written <br />notice to the other party. Written notice of change of address shall be provided within five business <br />days. All notices shall be in writing to the Project Managers at the addresses below and shall be sent <br />by one of the following methods: (1) hand delivery; (2) U.S. certified mail; (3) national overnight <br />courier; or (4) email. Notices via certified mail are deemed delivered upon receipt. Notices via <br />overnight courier are deemed delivered one business day after having been deposited with the <br />courier. Notices via e-mail are deemed delivered on the date transmitted and received. <br />-2- <br />
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