Agenda - 02-18-2014 - 6h - Laserfiche WebLink

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a. Compensation for Services. Compensation for the Services shall include all compensation due the Provider from the County for all services under this Agreement. The maximum amount payable for the Services is Three Million and Nine Hundred Thousand Dollars ($3,900,000). Provider will invoice the County on a monthly basis based on the number of carts at the rates reflected in Provider's Proposal, which rates may be subject to an annual adjustment on July 1 of each year beginning July 1, 2015 in the same amount as the percentage change in the Bureau of Labor Statistics Consumer Price Index for All Urban Consumers: US City Average, Expenditure category Garbage and Trash, measured for the most recently available 12 month period average preceding the adjustment date. Payment will be due from the County to Provider within 30 days following issuance of the invoice that includes the required monthly data report. In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of the disputed portion of the amount stated on an invoice until the parties resolve the dispute. b. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 6. Responsibilities of the County a. Cooperation and Coordination. The County has designated the (Recycling Programs Manager) to act as the County's representative with respect to the Services and shall have the authority to render decisions within guidelines established by the County Manager and /or the County Board of Commissioners and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 7. Insurance a. General Requirements. Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by Owner's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at htip:Horan eg countync .gov/purchasingZcontracts.aT). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 8. Indemnity a. Indemnity. The Provider agrees to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to (i) Provider's negligence or willful misconduct in performance of the Services required hereunder, (ii) Provider's breach of this Agreement, and (iii) bodily injury including death or property damage to any person or persons