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2023-079G
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2023-079G
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Last modified
5/16/2023 10:53:52 AM
Creation date
5/16/2023 10:53:10 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/02/2023
Control Number
2023-079G
Agenda Item Number
8.D.
Entity Name
Mastellar & Moler, Inc.
Subject
Continuing Contract Agreement for Consulting Engineering Services
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CONSULTANT and agreed upon by the COUNTY up to the time of termination. In the event of such <br />termination, the COUNTY may, without penalty or other obligation to the CONSULTANT, elect to <br />employ other persons to perform the same or similar services. <br />9.3 The obligation to provide services under this Agreement may be terminated by either party <br />upon seven (7) days prior written notice in the event of substantial failure by the other party to <br />perform in accordance with the terms of this Agreement through no fault of the terminating parry. <br />9.4 In the event that the CONSULTANT merges with another company, becomes a subsidiary <br />of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate <br />this Agreement in accordance with its terms. <br />9.5 In the event of termination of this Agreement, the CONSULTANT agrees to surrender any <br />and all documents first prepared by the CONSULTANT for the COUNTY in connection with this <br />Agreement. <br />9.6 The COUNTY may terminate this Agreement for refusal by the CONSULTANT to allow <br />public access to all documents, papers, letters, or other material subject to the provisions of Chapter <br />119 Florida Statutes and made or received by the CONSULTANT in conjunction with this Agreement. <br />9.7 The COUNTY may terminate this Agreement in whole or in part if the CONSULTANT <br />submits a false invoice to the COUNTY. <br />9.8 CONSULTANT certifies that it and those related entities of CONSULTANT as defined by Florida <br />law are not on 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. OWNER may terminate this Contract if <br />CONSULTANT, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent <br />companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized <br />Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, <br />Florida Statutes. <br />9.9 CONSULTANT certifies that it and those related entities of CONSULTANT as defined by Florida <br />law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with <br />Activities in the Iran Petroleum Energy Sector List, create pursuant to Section 215.473 of the Florida <br />Statutes and are not engaged in business operations in Cuba or Syria. COUNTY may terminate this <br />agreement if CONSULTANT is found to have submitted a false certification as provided under section <br />287.135(5) Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or <br />the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in <br />business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. <br />:to. TRUTH -IN -NEGOTIATION CERTIFICATE: CONTINGENCY FEES <br />10.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth- in - <br />negotiation certificate certifying that the wage rates and costs used to determine the compensation <br />provided for in this Agreement are accurate, complete and current as of the date of the Agreement <br />and no higher than those charged the CONSULTANT's other customers, for the same or <br />substantially similar service. The wage rates and costs shall be adjusted to exclude any significant <br />sums should the COUNTY determine that the wage rates and costs were increased due to inaccurate, <br />incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside <br />CONSULTANT& 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 <br />under this provision. The COUNTY does not hereby waive any other right it may have pursuant to <br />Section 287.055, Florida Statutes, as it may be from time -to -time amended. <br />2023015 Agreement - 8 <br />
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