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Contract #SL318XA 3 . The District shall submit to the County written assurance of availability of funds for each fiscal year on or before September 30. 4. In the event well abandonment opportunities become available, the cost of which exceeds the funding amount for the current fiscal year, the District agrees to seek additional funds for funding fifty percent (50%) of these costs. 5 . The District shall maintain the services of a qualified water well contractor for the duration of this Agreement. 6. The District shall provide professional and technical support necessary to address all aspects of the work carried out by the water well contractor. ARTICLE III - COMPENSATION A. Amount of Funding. The District and the County agree to pay fifty percent (50%) of the costs of controlling abandoned artesian wells 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 , 2007 — September 30, 2008 Amount: $20, 000 each Party Fiscal Year: October 1 , 2008 — September 30, 2009 Amount: $20,000 each Party Fiscal Year: October 1 , 2009 — September 30, 2010 Amount: $20,000 each Party Funding for each applicable fiscal year of this Agreement is subject to budgetary appropriation, as provided in ARTICLE V — FUNDING CONTINGENCY. B . Invoicing Procedure. 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. ARTICLE IV - LIABILITY AND INSURANCE A. Each party to the Agreement is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees, and agents thereof. In addition, each party is subject to the provisions of section 768 .28, Fla. Stat., as amended. Nothing herein shall be construed as a waiver of sovereign immunity by any party hereto. B . Each party shall also acquire and maintain throughout the term of this Agreement such general liability, automobile insurance, and workers ' compensation insurance as required by their current rules and regulations. ARTICLE V - FUNDING CONTINGENCY Funding Contingency. This Agreement is contingent upon funding in succeeding years, which may include a single source or multiple sources, including, but not limited to: ( 1 ) revenues appropriated by the District' s Governing Board in its sole discretion and judgment for each succeeding year; (2) annual appropriations by the Florida Legislature, or (3) appropriations from other agencies or funding sources. Should the Work provided for hereunder not be approved, in 3 of 9