|
<br />days advance written notice of modification or termination of any such insurance
<br />shall be given by the insurer to DISTRICT. Any modification of the insurance
<br />provided shall be subject to pre-approval by DISTRICT. If AGENCY, or its
<br />contractor, fails to maintain the required insurance coverage, DISTRICT reserves
<br />the right to terminate this Contract or purchase such additional insurance and bill
<br />AGENCY or deduct the cost thereof from any payments owed to AGENCY.
<br />DISTRICT shall have no obligation, however, to purchase additional insurance.
<br />
<br />6. INDEMNIFICATION - AGENCY agrees to hold harmless, defend, and indemnify
<br />DISTRICT, its officers, employees, agents, representatives, and successors-in-
<br />interest against any and all loss, damage, cost, or expense which DISTRICT, its
<br />officers, employees, agents, representatives, and successors-in-interest may
<br />incur or be required to pay by reason of any injury or property damage caused or
<br />incurred by AGENCY, its employees, contractors, sub-agency's contractors, or
<br />agents in the performance of this Contract, including but not limited to, any
<br />contract between Agency and any third party for the performance of work as part
<br />of the Project. Sub-agency means an agency, other than the AGENCY, that
<br />either performs or hires contractor(s) to perform work on the Project.
<br />
<br />7. PAYMENT
<br />
<br />A. DISTRICT shall pay AGENCY a Firm Fixed Price of One Hundred and
<br />Fifty Thousand Dollars ($150,000.00) upon completion of the Project on a
<br />reimbursement basis. Any funds not expended upon early Contract
<br />termination or Contract completion shall revert back to the Cooperative
<br />Projects Program. Payment of charges shall be made by DISTRICT to
<br />AGENCY within 60 days after approval by DISTRICT of an itemized
<br />invoice prepared and fumished by AGENCY to DISTRICT.
<br />
<br />B. An invoice submitted to DISTRICT for payment must be prepared in
<br />duplicate, on AGENCY letterhead, and list DISTRICT Contract number,
<br />period covered by invoice, and AGENCY'S Employer Identification
<br />Number and be submitted to: Orange County Sanitation District, P.O.
<br />Box 8127, Fountain Valley, CA 92728. Attn: Accounts Payable
<br />Department. Proof of project expenditures must be provided with the
<br />AGENCY invoice. As proof of project expenditures, AGENCY may
<br />provide copies of checks or warrants with corresponding invoices or
<br />purchase orders, receipts, and labor reports. For construction projects,
<br />AGENCY is required to provide to the DISTRICT a copy of the check to
<br />the contractor showing payment of final retention.
<br />
<br />C. No funds shall be paid to AGENCY pursuant to this Contract, until the
<br />Project, as set forth in Exhibit A, is completed and proof of completion is
<br />provided to DISTRICT. If the Project as described in Exhibit A is not
<br />completed and satisfactory proof of completion is not provided to
<br />DISTRICT, no monies shall be due and payable to AGENCY. Proof of
<br />completion shall include a Final Report detailing the work that was done.
<br />
<br />D. For closed circuit television monitoring ("CCTV') projects, proof of
<br />completion shall also include a notarized letter from the City Engineer,
<br />Public Works Director, or City Manager affirming that the monitored
<br />
|