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2017-081
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2017-081
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Last modified
5/24/2017 9:58:44 AM
Creation date
5/24/2017 9:58:38 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/23/2017
Control Number
2017-081
Agenda Item Number
8.H.
Entity Name
Bowman Consulting Group LTD
Subject
Pavement Reclamation
Resurfacing Project
Area
58th Ave.
Project Number
2016016
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8.3 The obligation to provide services under this Agreement may be <br /> terminated by either party upon seven (7) days prior written notice in the event of <br /> substantial failure by the other party to perform in accordance with the terms of this <br /> Agreement through no fault of the terminating party. <br /> 8.4 In the event that the Consultant merges with another company, becomes <br /> a subsidiary of, or makes any other substantial change in structure, the COUNTY <br /> reserves the right to terminate this Agreement in accordance with its terms. <br /> 8.5 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 /> 8.6 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 /> 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 /> 8 <br />
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