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C150033 Contract
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C150033 Contract
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Last modified
11/19/2009 11:43:05 AM
Creation date
10/5/2006 11:34:05 PM
Metadata
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Template:
Loan Projects
Contract/PO #
C150033
Contractor Name
North Fork River Improvement Association
Contract Type
Grant
Water District
0
County
Delta
Bill Number
HB00-1419
Loan Projects - Doc Type
Contract Documents
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<br />1. Implementation of Project. The CONTRACTOR shall implement the PROJECT as outlined in <br />accordance with the Plan of Study attached as Appendix A and incorporated herein. <br /> <br />2. Time of performance. The CONTRACTOR recognizes that time is of the essence in the periormance <br />of its obligations under this contract. Therefore, the CONTRACTOR shall complete the tasks listed in <br />the Plan of study on or before three (3) years from the effective date of this contract. <br /> <br />3. Disbursement of funds. The STATE shall disburse funds to the CONTRACTOR to pay for the costs <br />associated with the PROJECT up to a maximum amount of S50,000 for the Paonia Reservoir <br />Research Project costs and 55,000 for the administrative costs in the following manner: <br /> <br />a. Statement of costs. Upon commencement of a PROJECT task, the CONTRACTOR shall <br />prepare statements of the task cost and submit said statements to the STATE for payment. <br />Each statement shall indicate the tasks that have been commenced and the percentage <br />completion of each task by task number as specified in the Plan of Study. <br /> <br />b. Payment of statements. Upon receipt and approval by the STATE of each such statement of <br />costs, the STATE will, within 30 days from the approval of such statement, pay to the <br />CONTRACTOR the amount of the statement or such portion thereof as has been approved by <br />the STATE. <br /> <br />4. Termination of contract for cause. If, through any cause, the CONTRACTOR fails to fulfill in a timely <br />and proper manner its obligations under this contract, or il the CONTRACTOR violates any 01 the <br />covenants, agreements, or stipulations of this contract, the STATE shall thereupon have the right to <br />terminate this contract lor cause by giving written notice to the CONTRACTOR of such termination and <br />specifying the effective date thereof, at least five (5) days before the effective date of such <br />termination. Upon submittal to the STATE of a statement of PROJECT costs for the period preceding <br />the effective date of the termination of this contract, the CONTRACTOR shall be entitled to receive the <br />STATE'S share of the cost of any such PROJECT tasks that have been periormed before the effective <br />date of termination of this contract, to the STATE, and have not yet been paid for as of the effective <br />termination date. <br /> <br />Notwithstanding the above, the CONTRACTOR shall not be relieved of liability to the STATE for any <br />damages sustained by the STATE by virtue of any breach of this contract by the CONTRACTOR, and <br />the STATE may withhold any payments to the CONTRACTOR for the purpose of setoff until such time <br />as the exact amount of damages due the STATE from the CONTRACTOR is determined. <br /> <br />5. Status 01 Contractor. The CONTRACTOR shall periorm its duties hereunder as an independent <br />contractor and not as an employee. Neither the CONTRACTOR nor any agent or employee of the <br />CONTRACTOR shall be or shall be deemed to be an agent or employee of the state. CONTRACTOR <br />shall pay when due all required employment taxes and income tax and local head tax on any monies <br />paid pursuant to this contract. CONTRACTOR acknowledges that the CONTRACTOR and its employees <br />are not entitled to unemployment insurance benefits unless the CONTRACTOR or a third party <br />provides such coverage and that the state does not pay for or otherwise provide such coverage. <br />CONTRACTOR shall have no authorization, express or implied, to bind the state to any agreements, <br />liability or understanding except as expressly set forth herein. As applicable to the CONTRACTOR, <br />CONTRACTOR shall provide and keep in force worker's compensation (and show proof of such <br />insurance) and unemployment compensation insurance in the amounts required by law, and shall be <br />solely responsible for the acts of the contractor, its employees and agents. <br /> <br />6. Severability. To the extent that this contract may be executed and performance of the obligations <br />of the parties may be accomplished within the intent of the contract, the terms of this contract are <br />severable, and should any term or provision hereof be declared invalid or become inoperative for <br />any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. <br />The waiver of any breach of a term hereof shall not be construed as waiver of any other term. <br /> <br />Page 2 01 6 <br />
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