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2021-074 Resolution
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2021-074 Resolution
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1/5/2022 4:04:18 PM
Creation date
1/5/2022 3:37:01 PM
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North Olmsted Legislation
Legislation Number
2021-074
Legislation Date
12/22/2021
Year
2021
Legislation Title
Engineering Contract
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7.5 This Agreement is non-exclusive to the extent that nothing herein shall be <br />construed to prevent the CITY from engaging other consulting engineers, other design <br />professionals and other engineering support staff, including inspectors, for specific projects during <br />the term of this Agreement. <br />SECTION 8. ACCEPTANCE OF OTHER EMPLOYMENT <br />8.1 Neither the City Engineer, the Assistant City Engineer, nor the CONSULTING <br />ENGINEER shall accept any employment from any firm or corporation engaged in the business of <br />establishing subdivisions or erecting buildings, or under contract for any public or other private <br />improvement, within the CITY of North Olmsted. <br />SECTION 9. DISPUTES <br />9.1 Except as this Agreement otherwise provides, all claims, counterclaims, disputes <br />and other matters in question between the CITY and the City Engineer, the Assistant City <br />Engineer, and/or the CONSULTING ENGINEER arising out of or relating to this Agreement or <br />the breach of it will be decided by mediation if the parties hereto mutually agree, or in a court of <br />competent jurisdiction within the State of Ohio, County of Cuyahoga. <br />SECTION 10. TERMINATION OF AGREEMENT <br />10.1 It is expressly understood and agreed that either the CITY or CONSULTING <br />ENGINEER may terminate this Agreement at any time by giving 30 days advance written notice <br />to the other party either personally to the representative of that party who signed this Agreement, <br />or by registered mail, return receipt requested, addressed to the principal office of that party. <br />Neither the City Engineer nor the Assistant City Engineer shall have any right to terminate this <br />Agreement, but may, upon 30 days advance written notice to the CITY, resign from their <br />contract employment provided for in this Agreement. <br />10.2 In the event that this Agreement is terminated by either the CITY or the <br />CONSULTING ENGINEER, or either the City Engineer or Assistant City Engineer resigns, <br />CONSULTING ENGINEER, City Engineer, and Assistant City Engineer, as applicable, shall only <br />be entitled to be compensated for any BASIC SERVICES, ADDITIONAL SERVICES, and/or <br />Other Engineering Services, as defined by Section 2.3, performed to the date of termination. Such <br />E <br />
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