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10/11/2022
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10/11/2022
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Last modified
12/12/2022 10:51:24 AM
Creation date
12/12/2022 10:22:39 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
10/11/2022
Meeting Body
Board of County Commissioners
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If subcontracts are to be let, the prime PROVIDER is required to take all necessary steps identified in 2 <br />C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, <br />and labor surplus area firms are used when possible. <br />L. License and Delivery of Works Subject to Copyright and Data Rights: The PROVIDER grants to the <br />Owner a paid-up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the <br />performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, <br />distribute copies to the public, and perform publicly and display publicly such data. For data required by <br />the contract but not first produced in the performance of this contract, the PROVIDER will identify such <br />data and grant to the Owner or acquires on its behalf a license of the same scope as for data first produced <br />in the performance of this contract. Data, as used herein, shall include any work subject to copyright under <br />17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, <br />choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual <br />works, sound and/or video recordings, and architectural works. Upon or before the completion of this <br />contract, the PROVIDER will deliver to the Owner data first produced in the performance of this contract <br />and data required by the contract but not first produced in the performance of this contract in formats <br />acceptable by the Owner. <br />Article 11: TERMINATION OF CONTRACT <br />A. The occurrence of any of the following shall constitute a default by PROVIDER and shall provide <br />the OWNER with a right to terminate this Contract in accordance with this Article, in addition to <br />pursuing any other remedies which the OWNER may have under this Contract or under law: <br />(1) if in the OWNER's opinion PROVIDER is improperly performing work or violating any <br />provision(s) of the Contract Documents; <br />(2) if PROVIDER neglects or refuses to correct defective work or replace defective parts or <br />equipment, as directed by the Engineer pursuant to an inspection; <br />(3) if in the OWNER's opinion PROVIDER's work is being unnecessarily delayed and will not <br />be finished within the prescribed time; <br />(4) if PROVIDER assigns this Contract or any money accruing thereon or approved thereon; <br />or <br />(5) if PROVIDER 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 PROVIDER <br />or for any of his property. <br />B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify PROVIDER <br />in writing of the grounds for termination and provide PROVIDER with ten (10) calendar days to <br />cure the default to the reasonable satisfaction of the OWNER. <br />C. If the PROVIDER fails to correct or cure within the time provided in the preceding Sub -Article B, <br />OWNER may terminate this Contract by notifying PROVIDER in writing. Upon receiving such <br />notification, PROVIDER shall immediately cease all work hereunder and shall forfeit any further <br />right to possess or occupy the site or any materials thereon; provided, however, that the OWNER <br />may authorize PROVIDER to restore any work sites. <br />D. The PROVIDER 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 />9 <br />18 <br />
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