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04/15/2014
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04/15/2014
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Last modified
4/4/2018 6:46:11 PM
Creation date
3/23/2016 8:46:43 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
04/15/2014
Meeting Body
Board of County Commissioners
Book and Page
317
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FilePath
H:\Indian River\Network Files\SL00000D\S0003VK.tif
SmeadsoftID
13701
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CONSULTANT shall abide by the decision of the County Administrator of Indian River County, <br />unless the decision is clearly arbitrary or unreasonable. The CONSULTANT may appeal the <br />decision to the Board of County Commissioners. <br />SECTION XI - OWNERSHIP AND REUSE OF DOCUMENTS <br />(1) Ownership <br />All reports, tracings, plans, specifications, contract documents, and other data developed by the <br />CONSULTANT for the purpose of this Agreement shall become the property of the COUNTY <br />and shall be made available by the CONSULTANT at any time upon request of the COUNTY. <br />When all work contemplated under this Agreement is complete, all of the above data shall be <br />delivered to the Director of the Public Works Department. <br />(2) Reuse of Documents <br />All documents, including but not limited to drawings and specifications, prepared by the <br />CONSULTANT pursuant to this Agreement are related exclusively to the services described <br />herein. They are not intended or represented to be suitable for reuse by the COUNTY or others on <br />extensions of this project or on any other project. Any such utilization or adaptation will entitle <br />the CONSULTANT to further compensation at rates to be agreed upon by the COUNTY and the <br />CONSULTANT. The CONSULTANT shall not be held liable for any reuse of the documents <br />and shall not be held liable for any modifications made to the documents by others. <br />SECTION XII - NOTICES <br />Any notices, reports or other written communications from the CONSULTANT to the COUNTY shall be <br />considered delivered when posted by certified mail or delivered in person to the COUNTY'S project <br />manger. Any notices, reports or other communications from the COUNTY to the CONSULTANT shall <br />be considered delivered when posted by certified mail to the CONSULTANT at the last address left on <br />file with the COUNTY or delivered in person to said CONSULTANT or his authorized representative. <br />Such in person deliveries shall be evidenced by signed receipts. <br />SECTION XIII — TERMINATION <br />The obligation to provide further services under this Agreement may be terminated by either party upon <br />thirty (30) days written notice in the event of substantial failure by the other party to perform in <br />accordance with the terms hereof through no fault of the terminating party or if the COUNTY determines <br />it not in the public interest to continue this Agreement. In the event of any terminations, the <br />CONSULTANT will be paid for all services rendered to the date of termination, all expenses subject to <br />reimbursement hereunder, and other reasonable expenses incurred by the CONSULTANT as a result of <br />such termination. The CONSULTANT will deliver to the COUNTY all work performed prior to <br />termination of the Agreement. <br />Page 4 of 7 <br />H:\2014 PROJECTS (14xx)\1406\Admin\ASFH restor design ATELIER draft contract.doc <br />48 <br />
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