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8/18/1982
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8/18/1982
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7/23/2015 11:49:39 AM
Creation date
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
08/18/1982
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supplemental agreement approved by the Board of County <br />Commissioners. <br />SECTION VIII - RIGHT OF DECISIONS <br />All services shall be performed by the Engineer to the <br />satisfaction of the Director of the Public Works Department who <br />shall decide all questions, difficulties, and disputes of whatever <br />nature which may arise under or by reason of this agreement, the <br />prosecution and fulfillment of the services hereunder, and the <br />character, quality, amount and value thereof, and the Director's <br />decisions upon all claims, questions and disputes shall be final, <br />conclusive and binding upon the parties hereto unless such deter- <br />mination is clearly arbitrary or unreasonable. Adjustments of <br />compensation and contract time because of any major changes in the <br />work that might become necessary or be deemed desirable as the <br />work progresses shall be left to the absolute discretion of the <br />Director of the Public Works Department. In the event that the <br />Engineer does not concur in the judgment of the Director of the <br />Public Works Department as to any decisions made by him, he shall <br />present his written objections to the County Administrator; and <br />the Public Works -Director and the Engineer shall abide by the <br />decision of the County Administrator of Indian River County. <br />SECTION IX - OWNERSHIP OF DOCUMENTS <br />All reports, tracings, plans, specifications, field <br />books, survey information, maps, contract documents, and other <br />data developed by the Engineer for the purpose of this agreement <br />shall become the property of the County without restriction or <br />limitation upon their use and shall be made available by the <br />Engineer at any time upon request of the County. When all work <br />contemplated under this agreement is complete, all of the above <br />data shall be delivered to the Director of the Public Works <br />Department. <br />SECTION X - COURT APPEARANCES AND CONFERENCES <br />Nothing in this .contract shall obligate the Engineer to <br />prepare for or appear in litigation on behalf of the County except <br />in consideration of additional compensation. The amount of such <br />compensation shall be mutually agreed upon and be subject to a <br />supplemental agreement approved by the Board of County <br />AUG 1 1982 -15- 51 PACE 47. <br />
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