Unimark EC3000 Series Spezifikationen Seite 38

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AIMS System and Services Agreement Page 38 of 60
(c) Nothing under this Section 17.2 shall be construed to limit the
rights of and remedies available to County, including the right to
seek its own damages pursuant to this System Agreement.
17.2.8 County shall have access, without limitation, to Contractor’s books and
records, including payroll records, tax returns and records, and books
of account, on five (5) calendar day’s notice, to allow County to
determine Contractor’s compliance with its commitment to the CBE
participation goal and the status of any CBE performing any portion of
this System Agreement.
17.2.9 Upon request by the Contract Administrator, Contractor agrees to
furnish the County with a copy of its Affirmative Action Policy.
17.2.10 The Contractor must inform the Broward County Small Business
Development Division immediately, in writing, when a CBE
subcontractor is not able to perform. If the Contractor is unable to
substitute the unavailable CBE with another certified CBE, the actual
substitute of a non- CBE subcontractor may not occur until the
Broward County Small Business Development Division has verified the
good faith efforts of the Contractor to substitute the unavailable CBE
with another certified CBE.
17.2.11 Contractor shall pay its subcontractors and suppliers within ten (10)
calendar days following receipt of payment from the County for such
subcontractors Services or supplies. Contractor agrees that if it
withholds an amount as retainage from its subcontractors or suppliers,
that it will release such retainage and pay same within ten (10)
calendar days following receipt of payment of retained amounts from
County.
17.2.12 Contractor agrees that it cannot terminate a CBE subcontractor for
convenience and then perform the Services with its own forces or its
affiliate. If a situation arises that a CBE subcontractor needs to be
replaced or removed from the team, Contractor must submit a written
request to the Small Business Development Division with detailed
explanation or justification for the submission of such request. If the
request is due to a voluntary cessation of the CBE firm from the team,
documentation supporting the voluntary cessation must accompany the
request. Requests for substitution or termination of CBE subcontractors
will only be approved on a case-by-case basis, provided that reasons
cited are properly justified. When a CBE subcontractor is terminated, or
fails to complete its Services, Contractor must make good faith efforts to
find another CBE subcontractor to substitute for the original CBE.
17.2.13 Contractor agrees that nonpayment of a CBE subcontractor or supplier
as required by Subsection 17.2.11 shall be a material breach of this
Exhibit 3
Page 38 of 278
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