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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 rights it may have pursuant to Section 287.055, Florida Statutes, as it may be <br />from time -to -time amended. <br />9.2 Pursuant to the Consultants' Competitive Negotiation Act, Section <br />287.055, Florida Statutes, the Consultant warrants that it has not employed or retained <br />any company or person other than a bona fide employee working solely for the <br />Consultant to solicit or secure this Agreement and that it has not paid or agreed to pay <br />any company or person other than a bona fide employee working solely _for the <br />Consultant any fee, commission, percentage fee, gifts or any other considerations, <br />contingent upon or resulting from the award or making of this contract. For breach of <br />✓ iolation of this provision the COUNTY shall have the right to terminate this Agreement <br />without liability and, at its discretion, to deduct from the contract price, or otherwise <br />recover, the full amount of such fee, 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 subconsultants 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 />u nderstandings 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 />u pon any prior or contemporaneous representations or agreements, whether oral or <br />10 <br />C:\Users\Iliki\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OBZGW4N4\General Roof Contract <br />Agreement Jay Ammon.doc <br />