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1999-317a
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1999-317a
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Last modified
4/9/2019 2:14:30 PM
Creation date
4/9/2019 2:05:17 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Interlocal Agreement
Approved Date
12/07/1999
Control Number
99-317a
Agenda Item Number
11.C.1.
Entity Name
City of Vero Beach
School District
Indian River County
Subject
Fiber Optic Cable
Alternate Name
Joint Fiber Optics Project Interlocal Agreement
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portions of the NETWORK. If a contractor is used to perform locates, the member <br />contracting for such service shall be responsible for any damage to the NETWORK and <br />obtaining any subsequent reimbursement from the contractor for the cost to repair the <br />damage. <br />If a locate is performed incorrectly, according to a final determination by the TAC, and results <br />in damage to the NETWORK, the party performing the locate shall be responsible for the cost <br />of repairing the damage. <br />If a locate is performed correctly, according to final determination by the TAC, and damage <br />occurs to the NETWORK, the costs to repair the damaged portion of the NETWORK shall be <br />shared by each member of the CONSORTIUM in accordance with the cost sharing provision <br />of this Agreement, except to the extent that repair costs are reimbursed by the party causing <br />the damage. <br />If damage occurs to the NETWORK and the City/County was not contacted to perform a <br />locate, the costs to repair the damaged portion of the NETWORK shall be shared by each <br />member of the CONSORTIUM in accordance with the cost sharing provision of this <br />Agreement, except to the extent that repair costs are reimbursed by the party causing the <br />damage. <br />The County shall provide to the City as -built drawings of all underground conduits that will be <br />used for the installation of the NETWORK prior to initiating changes to the One -Call <br />membership. <br />SECTION 15. Grants <br />Should a member of the CONSORTIUM receive grant funds to assist with the construction or <br />maintenance of the NETWORK, any provisions, limitations or restrictions associated with the <br />grant(s) shall not affect or apply to the other members of the CONSORTIUM. In addition, any <br />grant provisions, limitations or restrictions shall in no way affect the ownership interest of the <br />other members of the CONSORTIUM in the NETWORK or restrict or affect the intended <br />usage of the NETWORK by the remaining members. <br />Should a member of the CONSORTIUM submit an application for grant funding associated <br />with the NETWORK and such application requires the concurrence of the remaining <br />members, such concurrence shall not be unreasonably withheld so long as such concurrence <br />does not limit, restrict or in anyway affect the ownership or usage of the NETWORK by the <br />member providing its concurrence and such concurrence does not subject or extend any <br />requirements, provisions, or liability associated with the grant application to the member <br />providing its concurrence. <br />The remaining members of the CONSORTIUM shall not be held liable for the repayment of <br />any grant funds which have been received by a member of the CONSORTIUM for the <br />construction or maintenance of the NETWORK, but misused under the provisions of the <br />associated grant agreement. <br />Joint Fiber Optics Project - Interlocal Agreement <br />Page 10 of 18 <br />
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