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2023-056
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Last modified
4/14/2023 12:04:23 PM
Creation date
4/14/2023 11:53:29 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/28/2023
Control Number
2023-056
Agenda Item Number
8.S.
Entity Name
Construction Engineering and Inspection (CEI)
Subject
Agreement for professional services for IRC-1505B for 66th Avenue from 69th Street to
CR-510/85th Street. FDOT FM No. 436379-2-54-01, RFQ 202272
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8.8 TERMINATION IN REGARDS TO F.S. 287.135: CONSULTANT certifies <br />that it and those related entities of CONSULTANT as defined by Florida law are not on <br />the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the <br />Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement <br />is for goods or services of one million dollars or more, CONSULTANT certifies that it and <br />those related entities of CONSULTANT as defined by Florida law are not on the <br />Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with <br />Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 <br />of the Florida Statutes and are not engaged in business operations in Cuba or Syria. <br />OWNER may terminate this Contract if CONSULTANT is found to have submitted a false <br />certification as provided under section 287.135(5), Florida Statutes, been placed on the <br />Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with <br />Activities in the Iran Petroleum Energy Sector List, or been engaged in business <br />operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. <br />OWNER may terminate this Contract if CONSULTANT, including all wholly owned <br />subsidiaries, majority-owned subsidiaries, and parent companies that exist for the <br />purpose of making profit, is found to have been placed on the Scrutinized Companies that <br />Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, <br />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 <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 original contract price and any additions thereto will <br />be adjusted to exclude any significant sums by which the COUNTY determines the <br />contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and <br />other factual unit costs. All such contract adjustments must be made within 1 year <br />following the end of the contract. COUNTY has the authority and right to audit <br />Consultant's records under this provision. The COUNTY does not hereby waive any other <br />right it may have pursuant to Section 287.055, Florida Statutes, as it may be from time - <br />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 />9 <br />
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