Laserfiche WebLink
8 . 7 The COUNTY may terminate this Agreement in whole or in part if the <br /> Consultant submits a false invoice to the COUNTY . <br /> 9. TRUTH-IN-NEGOTIATION CERTIFICATE ; CONTINGENCY FEES . <br /> 9 . 1 Execution of this Agreement by the Consultant shall act as the execution <br /> of a truth-in - negotiation certificate certifying that the wage rates and costs used to <br /> determine the compensation provided for in this Agreement are accurate, complete and <br /> current as of the date of the Agreement and no higher than those charged the <br /> Consultant's most favored customer for the same or substantially similar service . The <br /> wage 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 inaccurate, <br /> incomplete or noncurrent wage rates or due to inaccurate representations of fees paid <br /> to outside consultants. The COUNTY shall exercise its rights under this "Certificate" <br /> within one ( 1 ) year following final payment. COUNTY has the authority and right to <br /> audit Consultant's records under this provision . The COUNTY does not hereby waive <br /> any other right it may have pursuant to Section 287.055, Florida Statutes, as it may be <br /> from time4o4ime amended . <br /> 9 . 2 Pursuant to the Consultants' Competitive Negotiations Act, F . S . section <br /> 287 . 055 , the Consultant warrants that it has not employed or retained any company or <br /> person other than a bona fide employee working solely for the Consultant to solicit or <br /> secure this Agreement and that it has not paid or agreed to pay any company or person <br /> other than a bona fide employee working solely for the Consultant any fee, commission , <br /> percentage fee, gifts or any other considerations , contingent upon or resulting from the <br /> award or making of this contract . For breach of violation of this provision , the COUNTY <br /> shall have the right to . terminate this Agreement without liability and , at its discretion , to <br /> deduct from the contract price , or otherwise recover, the full amount of such fee , <br /> commission , percentage , gift, or consideration . <br /> 10 . MISCELLANOUS PROVISIONS . <br /> 10. 1 Independent Contractor. it is specifically understood and acknowledged <br /> by the parties hereto that the Consultant or employees or subconsuitants of the <br /> Consultant are in no way to be considered employees of the COUNTY, but are <br /> independent contractors performing solely under the terms of the Agreement and not <br /> otherwise . <br /> 10 . 2 Merger: Modification . This Agreement incorporates and includes all prior <br /> and contemporaneous negotiations, correspondence , conversations , agreements . or <br /> understandings applicable to the matters contained herein and the parties agree that <br /> there are no commitments , agreements, or understandings of any nature whatsoever <br /> concerning the subject matter of the Agreement that are not contained in this document . <br /> Accordingly, it is agreed that no deviation from the terms hereof shall be predicated <br /> upon any prior or contemporaneous representations or agreements, whether oral or <br /> 10 <br /> FNAllities\UTILITY - Engineerinq%Projects - Utility Construction PermitsURC - Water and Wastewater Continuing Consultant <br /> Services UCP 020201Continuing Contract 20111Constiltant AgreementMGeosyntech Crndract Agreement.doc <br /> 1 <br /> 3 <br />