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08/16/2022
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08/16/2022
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Last modified
10/28/2022 2:41:33 PM
Creation date
10/28/2022 1:40:45 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
08/16/2022
Meeting Body
Board of County Commissioners
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H. No Obligation by Federal Government: The Federal Government is not a party to this contract <br />and is not subject to any obligations or liabilities to the non -Federal entity, COORDINATOR, or any <br />other party pertaining to any matter resulting from the contract. <br />I. Program Fraud and False or Fraudulent Statements or Related Acts: The COORDINATOR <br />acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) <br />applies to its actions pertaining to the contract. <br />Article 11: TERMINATION OF CONTRACT <br />A. The occurrence of any of the following shall constitute a default by COORDINATOR and shall <br />provide the OWNER with a right to terminate this Contract in accordance with this Article, in <br />addition to pursuing any other remedies which the OWNER may have under this Contract or under <br />law: <br />(1) if in the OWNER's opinion COORDINATOR is improperly performing work or violating any <br />provision(s) of the Contract Documents; <br />(2) if COORDINATOR neglects or refuses to correct defective work or replace defective parts <br />or equipment, as directed by the Engineer pursuant to an inspection; <br />(3) if in the OWNER's opinion COORDINATOR's work is being unnecessarily delayed and will <br />not be finished within the prescribed time; <br />(4) if COORDINATOR assigns this Contract or any money accruing thereon or approved <br />thereon; or <br />(S) if COORDINATOR abandons the work, is adjudged bankrupt, or if he makes a general <br />assignment for the benefit of his creditors, or if a trustee or receiver is appointed for <br />COORDINATOR or for any of his property. <br />B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify <br />COORDINATOR in writing of the grounds for termination and provide COORDINATOR with ten <br />(10) calendar days to cure the default to the reasonable satisfaction of the OWNER. <br />C. If the COORDINATOR fails to correct or cure within the time provided in the preceding Sub -Article <br />B, OWNER may terminate this Contract by notifying COORDINATOR in writing. Upon receiving <br />such notification, COORDINATOR shall immediately cease all work hereunder and shall forfeit <br />any further right to possess or occupy the site or any materials thereon; provided, however, that <br />the OWNER may authorize COORDINATOR to restore any work sites. <br />D. The COORDINATOR shall be liable for: <br />(1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new <br />contract; and <br />(2) the difference between the cost of completing the new contract and the cost of completing <br />this Contract; <br />(3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to <br />enforce its rights herein. <br />E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate <br />COORDINATOR's services and work for OWNER's convenience. Upon receipt of notice of such <br />termination COORDINATOR shall, unless the notice directs otherwise, immediately discontinue <br />the work and immediately cease ordering of any materials, labor, equipment, facilities, or <br />91 <br />
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