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2022-253B
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Last modified
12/22/2022 11:47:09 AM
Creation date
12/22/2022 11:46:33 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/20/2022
Control Number
2022-253B
Agenda Item Number
8.L.
Entity Name
Guettler Brothers Construction, Inc.
Subject
Agreement for Post Hurricane County Park Emergency Dune Repairs
at Various County Beach Parks
Project Number
IRC-2227
Bid Number
2023014
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M. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges <br />that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions <br />pertaining to the contract. <br />N. Affirmative Steps: If subcontracts are to be let, the prime contractor is required to take all necessary <br />steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's <br />business enterprises, and labor surplus area firms are used when possible. <br />0. License and Delivery of Works Subject to Copyright and Data Rights: The Contractor 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 Contractor 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 Contractor 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 CONTRACTOR and shall provide the <br />OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any <br />other remedies which the OWNER may have under this Contract or under law: <br />(1) if in the OWNER's opinion CONTRACTOR is improperly performing work or <br />violating any provision(s) of the Contract Documents; <br />(2) if CONTRACTOR neglects or refuses to correct defective work or replace defective <br />parts or equipment, as directed by the Engineer pursuant to an inspection; <br />(3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed <br />and will not be finished within the prescribed time; <br />(4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved <br />thereon; or <br />(5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a <br />general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR <br />or for any of his property. <br />B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in <br />writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the <br />default to the reasonable satisfaction of the OWNER. <br />C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, <br />OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such <br />notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right <br />to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize <br />CONTRACTOR to restore any work sites. <br />11 <br />
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