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2017-161
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2017-161
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Last modified
10/18/2017 11:48:26 AM
Creation date
10/18/2017 11:48:25 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
10/17/2017
Control Number
2017-161
Agenda Item Number
12.G.1.
Entity Name
Arcadis
Subject
Asset Management Program
Utilities Department Professional Services Agreement
Alternate Name
AMP
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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 of <br /> a truth-in-negotiation certificate certifying that the wage rates and costs used to determine <br /> the compensation provided for in this Agreement are accurate, complete and current as <br /> of the date of the Agreement. The wage rates and costs shall be adjusted to exclude any <br /> significant sums should the COUNTY determine that the wage rates and costs were <br /> increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate <br /> representations of fees paid to outside consultants. The COUNTY shall exercise its rights <br /> under this "Certificate" within one (1) year following final payment. COUNTY has the <br /> authority and right to audit Consultant's records under this provision. The COUNTY does <br /> 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 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 /> 10. MISCELLANOUS PROVISIONS. <br /> 10.1 Independent Contractor. It is specifically understood and acknowledged <br /> by the parties hereto that the Consultant or employees or subconsultants 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 /> 8 <br /> F.\Utilities\UTILITY-Engineering\ASSET MANAGEMENTWgenda\Arcadis Consulting Agreement.docx <br />
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