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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 right 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 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 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 /> 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 /> N... <br /> 10 <br /> FAUtilities\UTILITY-Engineering\Projects-Utility Construction Permits\IRC-Water and Wastewater Continuing Consultant <br /> Services UCP#20201Continuing Contract 2011\Consultant AgreementslGeosyntech Contract Agreement.doc — <br /> 48 <br />