
AIMS System and Services Agreement – Attachment II Page 7 of 9
10. RESTRICTIONS ON LOBBYING
The Contractor agrees that no federal appropriated funds have been paid or will
be paid by or on behalf of the Contractor, to any person for influencing or
attempting to influence any officer or employees of any federal agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any federal contract, the making of
any federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment or
modification of any federal contract, grant, loan or cooperative agreement.
If any funds other than federal appropriated funds have been paid by the
Contractor to any person for influencing or attempting to influence an officer or
employee of any federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
System Agreement, the undersigned shall complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
Contractor agrees to insert the foregoing provisions in any agreements between
Contractor or subcontractors engaged to provide Services pursuant to this System
Agreement and all contractors and subcontractors shall certify and disclose
accordingly.
11. PROMPT PAYMENT - FOR FEDERALLY ASSISTED CONTRACTS
If the System Agreement is funded by any federal grants, then Contractor hereby
agrees to pay its subcontractors and suppliers within ten (10) calendar days
following receipt of payment from the County. Contractor further agrees, if
Contractor has withheld retainage from its subcontractors, to release such
retainage and pay same within ten (10) calendar days following receipt of payment
of retained amounts from the County, or within ten (10) calendar days after a
subcontractor has satisfactorily completed its work, whichever shall first occur.
This clause applies to both DBE and non-DBE subcontractors.
A finding of non-payment is a material breach of this contract. County may, at its
option, increase allowable retainage or withhold progress payments unless and
until the Contractor demonstrates timely payments of sums due subcontractor.
The presence of a "pay when paid" provision in a Contract shall not preclude
County inquiry into allegations of non-payment. Further that the remedies above
shall not be employed when the Contractor demonstrates that failure to pay results
from a bonafide dispute with its subcontractor or supplier. The Contractor shall
incorporate this provision into all subcontracts involving federally assisted
contracts.
Exhibit 3
Page 275 of 278
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