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2011-182
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2011-182
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Last modified
2/16/2016 11:17:10 AM
Creation date
10/1/2015 2:46:35 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/16/2011
Control Number
2011-182
Agenda Item Number
15.A.1
Entity Name
Barth Construction Agreement
Subject
Renovation and Construction Fire Rescue Stations
Project Number
RFQ 2011036
Supplemental fields
SmeadsoftID
10101
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8 . 7 The COUNTY may terminate this Agreement in whole or in part if the <br /> Design/Builder submits a false invoice to the COUNTY . <br /> 9 . TRUTH-IN-NEGOTIATION CERTIFICATE ; CONTINGENCY FEES. <br /> 9 . 1 Execution of this Agreement by the Design/Builder shall act as the <br /> execution of a truth-in-negotiation certificate certifying that the wage rates <br /> and costs used to determine the compensation provided for in this <br /> Agreement are accurate , complete and current as of the date of the <br /> Agreement and no higher than those charged the Design/Builder ' s most <br /> favored customer for the same or substantially similar service . The wage <br /> rates and costs shall be adjusted to exclude any significant sums should the <br /> COUNTY determine that the wage rates and costs were increased due to <br /> inaccurate, incomplete or noncurrent wage rates or due to inaccurate <br /> representations of fees paid to outside Design/Builders , The COUNTY <br /> shall exercise its rights under this " Certificate " within one ( 1 ) year <br /> following final payment. The COUNTY has the authority and right to <br /> audit Design/Builder ' s records under this provision. The COUNTY does <br /> not hereby waive any other right it may have pursuant to Florida Statutes , <br /> Section 287 . 055 , as it may be from time-to-time amended . <br /> 9 . 2 Pursuant to the Consultants ' Competitive Negotiations Act, Florida <br /> Statutes Section 287 . 055 , the Design/Builder warrants that it has not <br /> employed or retained any company or person other than a bona fide <br /> employee working solely for the Design/Builder to solicit or secure this <br /> Agreement and that it has not paid or agreed to pay any company or <br /> person other than a bona fide employee working solely for the <br /> Design/Builder any fee , commission, percentage fee , gifts or any other <br /> considerations, contingent upon or resulting from the award or making of <br /> this Agreement . For breach of violation of this provision, the COUNTY <br /> shall have the right to terminate this Agreement without liability and, at its <br /> discretion, to deduct from the contract price, or otherwise recover, the full <br /> amount of such fee , commission, percentage , gift, or considerations . <br /> 10. MISCELLANEOUS PROVISIONS . <br /> 10 . 1 Independent Contractor. It is specifically understood and acknowledged <br /> by the parties hereto that the Design/Builder or employees or <br /> subcontractors of the Design/Builder are in no way to be considered <br /> employees of the COUNTY, but are independent contractors performing <br /> solely under the terms of the Agreement and not otherwise . <br /> 10 . 2 Merger; Modification. This agreement incorporates and includes all prior <br /> and contemporaneous negotiations , correspondence, conversations , <br /> agreements , or understandings applicable to the matters contained herein <br />
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