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2019-091
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2019-091
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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J,R. SMITH, CLERK <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. The original contract price and any additions <br />thereto will be adjusted to exclude any significant sums by which the COUNTY <br />determines the contract price was increased due to inaccurate, incomplete, or <br />noncurrent wage rates and other factual unit costs. All such contract adjustments must <br />be made within 1 year following the end of the contract. COUNTY has the authority <br />and right to audit Consultant's records under this provision. The COUNTY does not <br />hereby waive any other right it may have pursuant to Section 287.055, Florida Statutes, <br />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 />10.2 Merger; Modification. This Agreement incorporates and includes all prior <br />and contemporaneous negotiations, correspondence, conversations, agreements or <br />understandings applicable to the matters contained herein and the parties agree that <br />there 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 />Accordingly, it is agreed that no deviation from the terms hereof shall be predicated <br />upon any prior or contemporaneous representations or agreements, whether oral or <br />written. No alteration, change, or modification of the terms of this Agreement shall be <br />valid unless made in writing and signed by the Consultant and the COUNTY. <br />
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