2018-522-E IT - Open Broadband contract

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DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. f. If activities related to the performance of this Agreement require specific licenses,certifications, or related credentials Contractor represents that it and/or its employees, agents and subcontractors engaged in such activities possess such licenses,certifications,or credentials and that such licenses certifications,or credentials are current,active,and not in a state of suspension or revocation. g. The Contractor shall supervise and direct the Work efficiently and with the Contractor's best skill and attention. Except as specifically set forth in the Contract Documents the Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, and for safety precautions and programs in connection with the Work. The Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. h. The Contractor shall appoint a competent Area Manager with general authority to manage the Project for the Contractor. Owner shall have the option to be part of the interviewing and decision-making process in selecting the Area Manager who shall not be replaced without prior written approval by the Owner. i. If,in the opinion of the Owner,the Contractor's Area Manager,and or any Subcontractor on the Project is incompetent or otherwise unsatisfactory, Owner shall inform, in writing, the Contractor's contact person listed in Section 7 of this agreement. Contractor has 10 business days from the date of written complaint to remove the person from the project or to resolve the matter in another manner to the satisfaction of the Owner. Any change in Area Manager or Subcontractor shall be made by the Contractor with no increase in the Contract Price if and when directed by the Owner. j. The Contractor shall attend all progress conferences and all other meetings or conferences either in-person or via conference call. The Contractor shall be represented at these progress conferences by the Area Manager and by such other representatives as the Owner may direct. 5. PAYMENT & TAXES a. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Agreement, and the Contractor hereby agrees to perform all of the Work for a total sum not-to- exceed Five Hundred Thousand Dollars ($500,000) and if only Pilot Program 1 is elected by Owner than a sum not to exceed Three Hundred Eighty Five Thousand Two Hundred Eighty Dollars ($385,280): The Broadband Project as described in the RFP response of June 13, 2018 consist of broadband coverage in four areas of the county: • Service Area 1 —Northwestern Orange County(see Service Area Map) • Service Area 2—Northeastern Orange County(see Service Area Map) • Service Area 3 —Central Orange County(see Service Area Map) • Service Area 10 — Southern Bingham Township in Southwestern Orange County (see Service Area Map) 3