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2017-154 (2)
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2017-154 (2)
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9 <br />Agreement. <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 />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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