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2022-088A
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Last modified
6/24/2022 11:55:27 AM
Creation date
6/24/2022 11:52:11 AM
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/10/2022
Control Number
2022-088A
Agenda Item Number
8.A.
Entity Name
Witt O’Brien’s, LLC
Subject
Continuing Contract Agreement for Grant Consulting Services
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DocuSign Envelope ID: C38C5403-OB9D-4C32-9EA7-7B8EC4FOF825 <br />8.10 COUNTY may terminate this Contract if CONSULTANT is found to have submitted a false certification as <br />provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in <br />Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been <br />engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. <br />8.11 COUNTY may terminate this Contract if CONSULTANT, including all wholly owned subsidiaries, majority- <br />owned subsidiaries, and parent companies that exist for the purpose of making profit is found to have been <br />placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in <br />section 215.4725, Florida Statutes. <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 -negotiation <br />certificate certifying that the wage rates and costs used to determine the compensation provided for in this <br />Agreement are accurate, complete and current as of the date of the Agreement. The wage rates and costs shall <br />be adjusted to exclude any 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 representations of fees <br />paid to outside CONSULTANTs. The COUNTY shall exercise its rights under this "Certificate" within one (1) year <br />following final payment. COUNTY has the authority and right to audit CONSULTANT's records under this <br />provision. The COUNTY 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 />10. MISCELLANEOUS PROVISIONS <br />10.1 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the <br />CONSULTANT or employees or sub -consultants of the CONSULTANT are in no way to be considered employees <br />of the COUNTY, but are 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 contemporaneous <br />negotiations, correspondence, conversations, agreements, or understandings applicable to the matters <br />contained herein and the parties agree that there are no commitments, agreements, or understandings of any <br />nature whatsoever 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 upon any prior or <br />contemporaneous representations or agreements, whether oral or written. No alteration, change, or <br />modification of the terms of this Agreement shall be valid unless made in writing and signed by the <br />CONSULTANT and the COUNTY. <br />10.3 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according <br />to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or <br />otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal <br />jurisdiction, in the United States District Court for the Southern District of Florida. <br />10.4 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and <br />additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in <br />equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and <br />concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now <br />or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon <br />compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the <br />event of a continuing or subsequent delinquency or default. A party's waiver of one or more defaults does not <br />7 <br />
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