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Contract#28223 <br /> 2. DELIVERABLES. The Work is specified in the Statement of Work, Attachment A. The <br /> District shall deliver all products and deliverables as stated therein. The District is <br /> responsible for the professional quality, technical accuracy, and timely completion of the <br /> Work. <br /> 3. FUNDING OF AGREEMENT. The District and the County agree to pay fifty percent <br /> (50%) of the costs of controlling abandoned artesian wells in Indian River County, up to <br /> $60,000 each over the entire term of this Agreement, providing funding in the amount of <br /> $20,000 for each fiscal year. <br /> Fiscal Year: October 1,2014— September 30,2015 Amount: $20,000.00 <br /> Fiscal Year: October 1, 20]5—September 30,20]6 Amount: $20,000.00 <br /> Fiscal Year: October 1,2016 September 30,2017 Amount: $20,000.00 <br /> Funding for each applicable fiscal year of this Agreement is subject to District Governing <br /> Board budgetary appropriation. <br /> 4. FUNDING CONTINGENCY. <br /> a. This Agreement is contingent upon funding availability, which may include a <br /> single source or multiple sources, including, but not limited to: (1) ad valorem tax <br /> revenues appropriated by the District's Governing Board; (2) annual appropriations <br /> by the Florida Legislature, or (3) appropriations from other agencies or funding <br /> sources. Agreements that extend for a period of more than one Fiscal Year are <br /> subject to annual appropriation of funds in the sole discretion and judgment of the <br /> District's Governing Board for each succeeding Fiscal Year. Should the Work not <br /> be funded, in whole or in part, in the current Fiscal Year or succeeding Fiscal <br /> Years, the District shall so notify Agency and this Agreement shall be deemed <br /> terminated for convenience five(5)days after receipt of such notice, or within such <br /> additional time as the District may allow. For the purpose of this Agreement, <br /> "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 <br /> Agreement, but they cannot make commitments in excess of appropriated funds <br /> authorized by law and made administratively available. If either party cannot <br /> fulfill its obligations due to funding, this Agreement may be terminated at the <br /> election of either party. <br /> 5. PAYMENT OF INVOICES. The District shall invoice the County quarterly (on <br /> December 31, March 31, June 30, and September 30 of each year) for payment of fifty <br /> percent (50%) of the amount expended for the controlling of abandoned wells during that <br /> quarter. <br /> 6. LIABILITY AND INSURANCE. Each party is responsible for all personal injury and <br /> property damage attributable to the negligent acts or omissions of that party, its officers, <br /> employees and agents. Nothing contained herein shall be construed or interpreted as denying <br /> to any party any remedy or defense available under the laws of the state of Florida, nor as a <br /> waiver of sovereign immunity of the state of Florida beyond the waiver provided for in section <br /> 768.28, Fla. Stat., as amended. Each party shall acquire and maintain throughout the term of <br /> 2 of 10 <br /> 90 <br />