Laserfiche WebLink
11 <br /> like payment.If the Cocoon House intends to contract with a third party for any or all of <br /> the measures,the Cocoon House must obtain three competitive bids for such measures <br /> and provide the apparent lowest responsive,responsible bidder's prices in the Cocoon <br /> House's request to the City.If the Cocoon House intends to perform the work itself,the <br /> Cocoon House must include in its request a price for labor,equipment,materials and any <br /> other costs or expenses. <br /> 4.5 The City will review the request and may then approve payment for some or all of the <br /> cost of the measures.The City will decide in its sole discretion which measures and what <br /> percentage of the cost of such measures it will fund.Any work for measures performed <br /> prior to the City's decision to pay will be at the Cocoon House's sole risk.Decisions to <br /> pay for water savings measures will depend in part on the number of applicants and the <br /> availability of funds,and will be for equipment, labor and materials only. Such amount <br /> will only be paid after receipt of an invoice as provided in this agreement.The City will <br /> not pay for operations,maintenance,consulting fees,or capital costs other than as <br /> provided in this Agreement.The parties acknowledge that such payment is intended to be <br /> made only once,and future costs and expenses relating to the water savings measure will <br /> be the responsibility of the Cocoon House,not the City. <br /> 4.6 An invoice for payment shall include the following: <br /> a. Copy of the request <br /> b. Copy of the audit report(if applicable) <br /> c. Copy of approval letter from the City <br /> d. Work Order number <br /> e. If the Cocoon House hires a contractor to do the work, an itemized invoice from <br /> the contractor to the Cocoon House <br /> 5. LEGAL RELATIONS,INDEMNIFICATION AND LIABILITY <br /> 5.1 This Agreement does not modify or supersede existing laws and statutes.In meeting the <br /> commitments encompassed in this Agreement,all parties shall comply with the <br /> requirements of federal, state or local law. <br /> 5.2 The City shall hold harmless, indemnify, and defend,at its own expense,the Cocoon <br /> House, its employees and agents, from any loss or claim for damages of any nature <br /> whatsoever,arising out of the City's performance of this Agreement, including claims by <br /> the City's employees or third parties,except for those damages solely caused by the <br /> negligence or willful misconduct of the Cocoon House, its employees or agents. <br /> 5.3 The Cocoon House shall hold harmless, indemnify,and defend at its own expense the <br /> City, its elected and appointed officials,officers,employees and agents,from any loss or <br /> claim for damages of any nature whatsoever,arising out of the Cocoon House's <br /> performance of this Agreement, including claims by the Cocoon House's employees or <br /> third parties, except those damages solely caused by the negligence or willful misconduct <br /> of the City, its elected and appointed officials,officers,employees or agents. <br /> 5.4 In the event of liability for damages of any nature whatsoever arising out of the <br /> performance of this Agreement by the City and the Cocoon House, including claims by <br /> the City's or the Cocoon House's own officers, officials,employees,agents,volunteers, <br /> 57 <br />