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2004-186B
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2004-186B
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8 . 7 The SWDD may terminate this Agreement in whole or in part if the <br /> Consultant submits a false invoice to the SWDD . <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 and no higher than those charged the <br /> Consultant's most favored customer for the same or substantially similar service . The <br /> wage rates and costs shall be adjusted to exclude any significant sums should the <br /> SWDD 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 <br /> to outside consultants . The SWDD shall exercise its rights under this " Certificate" within <br /> one ( 1 ) year following final payment . The SWDD has the authority and right to audit <br /> Consultant's records under this provision . The SWDD 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, Section <br /> 287 . 055 , Florida Statutes , the Consultant warrants that it has not employed or retained <br /> any company or person other than a bona fide employee working solely for the <br /> Consultant to solicit or secure this Agreement and that it has not paid or agreed to pay <br /> any company or person other than a bona fide employee working solely for the <br /> Consultant any fee , commission , percentage fee , gifts or any other considerations , <br /> contingent upon or resulting from the award or making of this contract . For breach of <br /> violation of this provision , the SWDD shall have the right to terminate this Agreement <br /> without liability and , at its discretion , to deduct from the contract price , or otherwise <br /> recover, the full amount of such fee , 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 SWDD or the COUNTY , <br /> but are independent contractors performing solely under the terms of the Agreement <br /> and not 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 /> 10 <br />
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