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08/16/2016 (4)
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08/16/2016 (4)
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Last modified
10/26/2018 10:57:42 AM
Creation date
10/25/2016 1:02:40 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda
Meeting Date
08/16/2016
Meeting Body
Board of County Commissioners
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10.5 In the event of termination of this Agreement, the Consultant agrees to <br />surrender any and all documents prepared by the Consultant for the COUNTY in <br />connection with this Agreement. <br />10.6 The COUNTY may terminate this Agreement for refusal by the Consultant <br />to allow public access to all documents, papers, letters, or other material subject to the <br />provisions of Chapter 119 Florida Statutes and made or received by the Consultant in <br />conjunction with this Agreement. <br />10.7 The COUNTY may terminate this Agreement in whole or in part if the <br />Consultant submits a false invoice to the COUNTY. <br />11. TRUTH -IN -NEGOTIATION CERTIFICATE; CONTINGENCY FEES <br />11.1 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 />11.2 The Consultant warrants that it has not employed or retained any <br />company or person other than a bona fide employee working solely for the Consultant <br />to solicit or secure this Agreement and that it has not paid or agreed to pay any <br />company or person other than a bona fide employee working solely for the Consultant <br />any fee, commission, percentage fee, gifts or any other considerations, contingent upon <br />or resulting from the award or making of this contract. For breach of violation of this <br />provision, the COUNTY shall have the right to terminate this Agreement without liability <br />and, at its discretion, to deduct from the contract price, or otherwise recover, the full <br />amount of such fee, commission, percentage, gift, or consideration. <br />12. MISCELLANOUS PROVISIONS <br />12.1 Independent Contractor. It is specifically understood and acknowledged <br />by the parties hereto that the Consultant or employees or sub -consultants 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 />D <br />C:\Users\Matt Van Ert\Desktop\IRC_VEN AS_RB_Project\Budget and SOW\SOW and Budget Revision Aug2016WIAPS <br />AgreemeM.doc" <br />259 <br />
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