2021-177A - Laserfiche WebLink

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SECTION XXI APPROPRIATION APPROVAL The BROKER acknowledges that the Indian River County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the County Council. The BROKER agrees that, in the event such appropriation is not forthcoming, this Agreement may be terminated by the County and that no charges, penalties or other costs shall be assessed. SECTION XXII TRUTH -IN -NEGOTIATIONS In accordance with the provisions of Section 287.055, Florida Statutes, the BROKER agrees to execute a truth -in -negotiations certificate and agrees that the original Agreement price and any additions may be adjusted to exclude any significant sums by which the Agreement price was increased due to inaccurate, incomplete or non-current wage rates and other factual unit costs. SECTION XXIII CONFLICT OF INTEREST The County hereby acknowledges that the BROKER may be performing professional services for private developers within the Treasure Coast area. Should a conflict of interest arise between providing services to the County and/or other clients, the BROKER shall terminate its relationship with the other client to resolve the conflict of interest. The County Manager shall determine whether a conflict of interest exists. At the time of each Project Proposal the BROKER shall disclose all of its Treasure Coast clients and related Scope of Work. SECTION XXIV PROHIBITION AGAINST CONTINGENT FEES The BROKER warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the BROKER to solicit or secure this Agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the BROKER any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. SECTION XXV ATTORNEY'S FEES If this matter is placed in the hands of an attorney for collection, or in the event suit or action is instituted by the County to enforce any of the terms or conditions of the Agreement, BROKER shall pay to the County, in such suit or action in both trial court and appellate court, the County's costs, and reasonable attorney's fees for the anticipated cost of collection and judgment enforcement. SECTION XXVI CODE OF ETHICS BROKER warrants and represents that its employees will abide by any applicable provisions of the State of Florida Code of Ethics in Chapter 112.311 et seq., Florida Statutes, and Code of Ethics Ordinances in Section 9.14 of Indian River County Code. SECTION XXVII POLICY OF NON-DISCRIMINATION 13