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Agenda - Item 6-e - Memorandum of Understanding with Hillsborough and Contract for Design, Permitting, & Construction Administration for Orange County – Hillsborough Fiber Optic Network
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Agenda - Item 6-e - Memorandum of Understanding with Hillsborough and Contract for Design, Permitting, & Construction Administration for Orange County – Hillsborough Fiber Optic Network
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6/15/2018 2:55:48 PM
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BOCC
Date
6/19/2018
Meeting Type
Regular Meeting
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Agenda
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6-e
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Agenda - 06-19-2018 Regular Board Meeting
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Revised 10/17 DEPT REQ REV 5/18 4 <br />cure the breach within seven (7) days , or fail to reasonably agree to such modified <br />schedule, County may immediately terminate this Agreement in writing, without <br />penalty or incurring further obligation to Provider. This section shall not be <br />interpreted to limit the definition of breach to the failure to meet Milestone Dates. <br /> <br />4. Duration of Services <br /> <br />a. Term. The term of this Agreement shall be from June 4, 2018 to completion. <br /> <br />b. Scheduling of Services <br />i) The Provider shall schedule and perform its activities in a timely manner so as to <br />meet the Milestone Dates listed in Section 3. <br /> <br />ii) Should the County determine that the Provider is behind schedule, it may require <br />the Provider to expedite and accelerate its efforts, including providing additional <br />resources and working overtime, as necessary, to perform its services in <br />accordance with the approved project schedule at no additional cost to the <br />County. <br /> <br />iii) The Commencement Date for the Provider's Basic Services shall be June 4, 2018. <br /> <br />5. Compensation <br /> <br />a. Compensation for Basic Services. Compensation for Basic Services shall include all <br />compensation due the Provider from the County for all services under this Agreement. <br />The maximum amount payable for Basic Services is three hundred eighty-three thousand <br />six hundred eighty-eight Dollars ($383,688.00). The maximum amount payable for each <br />Project Task shall be as shown in Section 3(a)(ii). In the event the amount stated on an <br />invoice is disputed by the County, the County may withhold payment of all or a portion <br />of the amount stated on an invoice until the parties resolve the dispute. Provider may <br />invoice monthly. The amount due for payment shall be eighty-five percent (85%) value <br />of the portion of the work satisfactorily completed on individual Project milestones as <br />set out in Section 3(a)(iii). County shall retain fifteen (15%) (the “Retainage”). <br />Determination of percentages of work satisfactorily completed on individual Project <br />milestones will be at the discretion of the County based upon the preliminary project <br />timeline. (For example, the maximum compensation for the acquisition and <br />administration of Pole Attachment Agreements shall be $8,297.20. Invoices may be <br />submitted and paid as a percentage of work satisfactorily completed so that, for <br />example, upon demonstration that half the necessary agreements were completed <br />$4,148.60 would be invoiced with $3,526.31 due for payment and $622.29 kept as <br />retainage.) Final payment of the Retainage shall not be due to Provider until thirty (30) <br />days after final completion of the Basic Services has been satisfactorily completed. <br />b. Additional Services. County shall not be responsible for costs related to any services in <br />addition to the Basic Services performed by Provider unless County requests such <br />additional services in writing and such additional services are evidenced by a written <br />amendment to this Agreement. <br /> <br />6. Responsibilities of the County <br /> <br />10
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