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Contract #28223 2. DELIVERABLES. The Work is specified in the Statement of Work, Attachment A. The District shall deliver all products and deliverables as stated therein. The District is responsible for the professional quality, technical accuracy, and timely completion of the Work. 3. FUNDING OF AGREEMENT. The District and the County agree to pay fifty percent (50%) of the costs of controlling abandoned artesian welts in Indian River County, up to $60,000 each over the entire term of this Agreement, providing funding in the amount of $20,000 for each fiscal year. Fiscal Year: October 1, 2014 — September 30, 2015 Fiscal Year: October 1, 2015 — September 30, 2016 Fiscal Year: October 1, 2016 September 30, 2017 Amount: $20,000.00 Amount: $20,000.00 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 (5) 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 fifty percent (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 section 768.28, Fla. Stat., as amended. Each party shall acquire and maintain throughout the term of 2 of 10