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10/15/2019
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10/15/2019
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12/31/2019 2:37:16 PM
Creation date
12/13/2019 10:36:19 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
10/15/2019
Meeting Body
Board of County Commissioners
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COUNCIL <br />Daniel Kolodny, Project Manager <br />IRL Council <br />1235 Main Street <br />Sebastian, Florida 32858 <br />(772) 216-7148 <br />E-mail: kolodnyAirlcouncil.org <br />RECIPIENT <br />Beth Powell, Assistant director <br />Indian River County Parks and <br />Conservation Resources <br />5500 77th Street <br />Vero Beach, Florida 32967 <br />(772) 226-1873 <br />E-mail: bpowellRircgov.com <br />(b) The Council's Project Manager shall have sole responsibility for transmitting instructions, <br />receiving information, and communicating Council policies and decisions regarding all <br />matters pertinent to performance of the Project. The Council's Project Manager may <br />issue a Council Supplemental Instruction (CSI) form, Attachment C, to authorize minor <br />changes in the Project that the parties agree are not inconsistent with the purpose of the <br />Project, do not affect the Council cost -share or Completion Date, or otherwise significantly <br />modify the terms of the Agreement. <br />10. PROGRESS REPORTS AND PERFORMANCE MONITORING <br />(a) Progress Reports. Recipient shall provide to the Council Project update/status reports as <br />provided in the Statement of Work. Reports will provide detail on progress of the Project and <br />outline any potential issues affecting completion or the overall schedule. Reports may be <br />submitted in any form agreed to by Council's Project Manager and Recipient but must include <br />Council's Quarterly Report Summary Cover Sheet, and may include emails, memos, and <br />letters. <br />(b) <br />Performance Monitoring. For as long as the Project is operational, the Council shall have <br />the right to inspect the operation of the Project during normal business hours upon reasonable <br />prior notice. Recipient shall make available to the Council any data that is requested pertaining <br />to performance of the Project. <br />11. FAILURE TO COMPLETE PROJECT. <br />(a) Should Recipient fail to complete the Project, Recipient shall refund to the Council all of <br />the funds provided to Recipient pursuant to this Agreement. However, the Council, in its <br />sole judgment and .discretion, may determine that Recipient has failed to complete the <br />Project due to circumstances that are beyond Recipient's control, or due to a good faith <br />determination that the Project is no longer environmentally or economically feasible. In <br />such event, the Council may excuse Recipient from the obligation to return funds provided <br />hereunder. If the Project has not been completed within 30 days after the Completion Date, <br />Recipient shall provide the Council with notice regarding its intention as to completion of <br />the Project. The parties shall discuss the status of the Project and may mutually agree to <br />revise the Completion Date or the scope of the Project. Failure to complete the Project <br />within 90 days after the Completion Date shall be deemed to constitute failure to complete <br />the Project for the purposes of this provision. <br />24 <br />
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