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2017-103
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2017-103
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Last modified
7/21/2017 10:40:18 AM
Creation date
7/21/2017 10:40:17 AM
Metadata
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Template:
Official Documents
Official Document Type
Work Order
Approved Date
07/18/2017
Control Number
2017-103
Agenda Item Number
15.B.1.
Entity Name
CDM Smith
Subject
Landfill Closure; Landfill Gas System Expansion; Landfill Cell Construction Projects
Area
Indian River County Landfill
Alternate Name
Solid Waste Disposal System
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8.5. In the event of termination of this Agreement, the Consultant agrees to <br /> surrender within thirty (30) calendar days any and all documents electronic or <br /> hardcopy prepared by the Consultant for the SWIDID in connection with this <br /> Agreement. <br /> 8.6. The SWIDID may terminate this Agreement for refusal by the Consultant to <br /> allow public access to all documents, papers, letters, or other material subject <br /> to the provisions of Chapter 119 Florida Statutes and made or received by the <br /> Consultant in conjunction with this Agreement. <br /> 8.7. The SWIDID may terminate this Agreement in whole or in part if the Consultant <br /> submits a false invoice to the SWDD. <br /> 9. TRUTH-IN-NEGOTIATION CERTIFICATE; CONTINGENCY FEES. <br /> 9.1, Execution of this Agreement by the Consultant shall act as the execution of a <br /> truth-in-negotiation certificate certifying that the wage rates and costs used to <br /> determine the compensation provided for in this Agreement are accurate, <br /> complete and current as of the date of the Agreement and no higher than those <br /> charged the Consultant's most favored customer for the same or substantially <br /> similar service. The wage rates and costs shall be adjusted to exclude any <br /> significant sums should the SWIDID determine that the wage rates and costs <br /> were increased due to inaccurate, incomplete or noncurrent wage rates or due <br /> to inaccurate representations of fees paid to outside consultants. The SWIDID <br /> shall exercise its rights under this "Certificate" within one (1) year following <br /> final payment. SWIDID has the authority and right to audit Consultant's records <br /> under this provision. The SWIDID does not hereby waive any other right it may <br /> have pursuant to Section 287.055, Florida Statutes, as it may be from time-to- <br /> 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 <br /> 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 <br /> to pay any company or person other than a bona fide employee working solely <br /> for the Consultant any fee, commission, percentage fee, gifts or any other <br /> considerations, contingent upon or resulting from the award or making of this <br /> contract. For breach of violation of this provision, the SWIDID shall have the <br /> 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 <br /> fee, commission, percentage, gift, or consideration. <br /> 10. MISCELLANOUS PROVISIONS. <br /> 10.1. Independent Contractor. It is specifically understood and acknowledged by <br /> the parties hereto that the Consultant or employees or subconsultants of <br /> the Consultant are in no way to be considered employees of the SWIDID, but <br /> 10 <br />
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