2017-190-E AMS - TJCOG Energy and Environment Program

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DocuSign Envelope ID:97A85083-4649-4F90-9283-141A52E739BF b. Scheduling of Services. i) The Provider shall schedule and perform its activities in a timely manner. ii) Should the County determine that the Provider is behind schedule, it may require the Provider to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform its services in accordance with the approved project schedule at no additional cost to the County. iii) The Commencement Date for the Provider's Basic Services shall be May 1, 2017. 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services under this Agreement. The maximum amount payable for Basic Services shall not exceed Nineteen Thousand Nine Hundred and Sixty Four (The assessment will consist of 6 phases, with phases 1-2 funded with existing funds from Emergency Services in Fiscal Year 2016-17 ($6,142). No funding for Phases 1 and 2 will be used until all project partners have committed to participate (see Appendix A). Funding for phases 3-6 is contingent on approval in the FY2017-18 proposed budget for Asset Management Services ($13,822). If approved, no funding for Phases 3 through 6 will be used until all project partners have committed to participate.) Dollars ($19,964). Payment for Basic Services shall become due and payable within thirty (30) days of Provider properly invoicing County. Payment shall be subject to provisions of Section 5(b). b. Disputes. In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. c. 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 (Brennan Bouma, Orange County Sustainability Coordinator) to act as the County's representative with respect to the Project 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 Revised 2/17 3