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2017-153
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2017-153
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• <br /> 9 <br /> Agreement. <br /> • <br /> 8.6 The COUNTY may terminate this Agreement for refusal by the CONSULTANT to allow <br /> public access to all documents, papers, letters, or other material subject to the provisions of <br /> Chapter 119 Florida Statutes and made or received by the CONSULTANT in conjunction with <br /> this Agreement. <br /> 8.7 The COUNTY may terminate this Agreement in whole or in part if the CONSULTANT <br /> 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 of a truth- in- <br /> negotiation certificate certifying that the wage rates and costs used to determine the <br /> compensation provided for in this Agreement are accurate, complete and current as of the date <br /> of the Agreement and no higher than those charged the CONSULTANT's most favored <br /> customer for the same or substantially similar service. The wage rates and costs shall be <br /> adjusted to exclude any significant sums should the COUNTY determine that the wage rates <br /> and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to <br /> inaccurate representations of fees paid to outside CONSULTANTs. The COUNTY shall <br /> exercise its rights under this"Certificate"within one (1) year following final payment. COUNTY <br /> has the authority and right to audit CONSULTANT's records under this provision. The COUNTY <br /> does not hereby waive any other right it may have pursuant to Section 287.055, Florida <br /> Statutes, as it may be from time-to-time amended. <br /> 9.2 Pursuant to the CONSULTANTS' Competitive Negotiation Act, Section 287.055, Florida <br /> Statutes, 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 other <br /> 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 award <br /> or making of this contract. For breach of violation of this provision, the COUNTY shall have the <br /> right to terminate this Agreement without liability and, at its discretion, to deduct from the <br /> contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, <br /> or consideration. <br /> 10. MISCELLANEOUS PROVISIONS <br /> 10.1 Independent Contractor. It is specifically understood and acknowledged by the <br /> 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 /> t <br /> otherwise. <br /> 10.2 Merger; Modification. This Agreement incorporates and includes all prior and <br /> contemporaneous negotiations, correspondence, conversations, agreements, or <br /> understandings applicable to the matters contained herein and the parties agree that there <br /> 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 />
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