Common use of Operation and Maintenance; Insurance Clause in Contracts

Operation and Maintenance; Insurance. Each Recipient agrees to sufficiently and properly staff, operate and maintain all portions of such Recipient’s Sewerage System during the Useful Life of the Project in accordance with all applicable state and federal laws, rules, and regulations. Each Recipient will procure and maintain or cause to be maintained insurance on such Recipient’s Sewerage System with responsible insurers, or as part of a reasonable system of self-insurance, in such amounts and against such risks (including damage to or destruction of the Sewerage System) as are usually covered in connection with systems similar to the Sewerage System. Such insurance may be maintained by a self-insurance plan so long as such plan provides for (i) the establishment by such Recipient of a separate segregated self-insurance fund in an amount determined (initially and on at least an annual basis) by an independent insurance consultant experienced in the field of risk management employing accepted actuarial techniques and (ii) the establishment and maintenance of a claims processing and risk management program. In the event of any damage to or destruction of the Sewerage System of a Recipient caused by the perils covered by such insurance, the net proceeds thereof shall be applied to the reconstruction, repair or replacement of the damaged or destroyed portion of the Sewerage System. Such Recipient must begin such reconstruction, repair or replacement as expeditiously as possible, and must pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or replacement so that the same must be completed and the Sewerage System must be free and clear of all claims and liens. If such net proceeds are insufficient to reconstruct, repair, or restore the Sewerage System to the extent necessary to enable such Recipient to pay all remaining unpaid principal portions of the Payments, if any, in accordance with the terms of this Agreement, such Recipient must provide additional funds to restore or replace the damaged portions of the Sewerage System. The Recipients agree that for any policy of insurance concerning or covering the construction of the Project, they will cause, and will require their contractors and subcontractors to cause, a certificate of insurance to be issued showing the State Water Board, its officers, agents, employees, and servants as additional insured; and must provide the Division with a copy of all such certificates prior to the commencement of construction of the Project.

Operation and Maintenance; Insurance. Each ‌ The Recipient agrees to sufficiently and properly staff, operate and maintain all portions of such Recipient’s Sewerage the System during the Useful Life of the Project its useful life in accordance with all applicable state and federal laws, rules, and regulations. Each The Recipient will procure and maintain or cause to be maintained insurance on such Recipient’s Sewerage the System with responsible insurers, or as part of a reasonable system of self-insurance, in such amounts and against such risks (including damage to or destruction of the Sewerage System) as are usually covered in connection with EXHIBIT C – STANDARD TERMS AND CONDITIONS systems similar to the Sewerage System. Such insurance may be maintained by the maintenance of a self-self- insurance plan so long as any such plan provides for (i) the establishment by such the Recipient of a separate segregated self-insurance fund funded in an amount determined (initially and on at least an annual basis) by an independent insurance consultant experienced in the field of risk management employing accepted actuarial techniques and (ii) the establishment and maintenance of a claims processing and risk management program. In the event of any damage to or destruction of the Sewerage System of a Recipient caused by the perils covered by such insurance, the net proceeds thereof shall be applied to the reconstruction, repair or replacement of the damaged or destroyed portion of the Sewerage System. Such The Recipient must shall begin such reconstruction, repair or replacement as expeditiously as possible, and must shall pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or replacement so that the same must shall be completed and the Sewerage System must shall be free and clear of all claims and liens. If such net proceeds are insufficient to reconstruct, repair, or restore the Sewerage System to the extent necessary to enable such Recipient to pay all remaining unpaid principal portions of the Payments, if any, in accordance with the terms of this Agreement, such Recipient must provide additional funds to restore or replace the damaged portions of the Sewerage System. The Recipients agree agrees that for any policy of insurance concerning or covering the construction of the Projectrelated to this Planning, they it will cause, and will require their its contractors and subcontractors to cause, a certificate of insurance to be issued showing the State Water Board, its officers, agents, employees, and servants as additional insured; and must shall provide the Division with a copy of all such certificates prior to the commencement of construction associated with this Planning. C-21. Other Assistance.‌ If federal or state funding for Planning Costs is made available to the Recipient from sources other than this Agreement, the Recipient shall notify the Division. The Recipient may retain such funding up to an amount which equals the Recipient's local share of Planning Costs. To the extent allowed by requirements of other funding sources, any funding received in excess of the ProjectRecipient's local share, not to exceed the total amount funded under this Agreement, shall be remitted to the State Water Board. C-22. Permits, Contracting, Disqualification.‌ The Recipient shall comply in all material respects with all applicable federal, state and local laws, rules and regulations. Recipient shall procure all permits, licenses and other authorizations necessary to accomplish the work contemplated in this Agreement, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. The Recipient shall not contract or allow subcontracting with excluded parties. The Recipient shall not contract with any party who is debarred or suspended or otherwise excluded from or ineligible for participation in any work overseen, directed, funded, or administered by the State Water Board program for which this funding is authorized. For any work related to this Agreement, the Recipient shall not contract with any individual or organization on the State Water Board’s List of Disqualified Businesses and Persons that is identified as debarred or suspended or otherwise excluded from or ineligible for participation in any work overseen, directed, funded, or administered by the State Water Board program for which funding under this Agreement is authorized. The State Water Board’s List of Disqualified Businesses and Persons is located at xxxx://xxx.xxxxxxxxxxx.xx.xxx/water_issues/programs/enforcement/fwa/dbp.shtml.

Operation and Maintenance; Insurance. Each ‌ The Recipient agrees to sufficiently and properly staff, operate and maintain all portions of such Recipient’s Sewerage the System during the its Useful Life of the Project in accordance with all applicable state and federal laws, rules, and regulations. Each While the Obligation shall be outstanding, the Recipient will procure and maintain or cause to be maintained insurance on such Recipient’s Sewerage the System with responsible insurers, or as part of a reasonable system of self-self- insurance, in such amounts and against such risks (including damage to or destruction of the Sewerage System) as are usually covered in connection with systems similar to the Sewerage System. Such insurance may be maintained by the maintenance of a self-insurance plan so long as any such plan provides for (i) the establishment by such the Recipient of a separate segregated self-insurance fund fund, or self-insurance program established to accomplish similar purposes and acceptable to the State Water Board, funded in an amount determined (initially and on at least an annual basis) by an independent insurance consultant Recipient (by the division or divisions experienced in the field of risk management employing accepted actuarial techniques management) and (ii) the establishment and maintenance of a claims processing and risk management program. In the event of any damage to or destruction of the Sewerage System of a Recipient caused by the perils covered by such insurance, the net proceeds thereof shall be applied to the reconstruction, repair or replacement of the damaged or destroyed portion of the Sewerage System. Such The Recipient must begin such reconstruction, repair or replacement as expeditiously as possible, and must pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or replacement so that the same must be completed and the Sewerage System must be free and clear of all claims and liens. If such net proceeds are insufficient to reconstruct, repair, or restore the Sewerage System to the extent necessary to enable such the Recipient to pay all remaining unpaid principal portions of the Payments, if any, in accordance with the terms of this Agreement, such the Recipient must provide additional funds to restore or replace the damaged portions of the Sewerage System. The Recipients agree Recipient agrees that for any policy of insurance concerning or covering the construction of the Project, they it will cause, and will require their its contractors and subcontractors to cause, a certificate of insurance to be issued showing the State Water Board, its officers, agents, employees, and servants as additional insured; and must provide the Division with a copy of all such certificates prior to the commencement of construction of the Project.