Unimark EC3000 Series Spezifikationen Seite 43

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AIMS System and Services Agreement Page 43 of 60
the project is subject to Florida Department of Transportation grants,
for a period of five (5) years after final payment and the completion of
all work to be performed pursuant to the System Agreement, or if any
audit has been initiated and audit findings have not been resolved at
the end of the five years, the books, records and accounts shall be
retained until resolution of the audit findings. If the Florida Public
Records Act is determined by County to be applicable to Contractor's
records, Contractor shall comply with all requirements thereof;
however, no confidentiality or non-disclosure requirement of either
federal or state law shall be violated by Contractor.
20.3 Public Entity Crimes Act. Contractor represents that the execution of the
System Agreement will not violate the Public Entity Crimes Act (Section 287.133,
Florida Statutes), which essentially provides that a person or affiliate who is a
contractor, contractor or other provider and who has been placed on the
convicted vendor list following a conviction for a Public Entity Crime may not
submit a bid on a contract to provide any goods or services to County, may not
submit a bid on a contract with County for the construction or repair of a public
building or public work, may not submit bids on leases of real property to County,
may not be awarded or perform work as a contractor, supplier, or subcontractor
under a contract with County, and may not transact any business with County in
excess of the threshold amount provided in Section 287.017, Florida Statutes, for
category two purchases for a period of 36 months from the date of being placed
on the convicted vendor list.
20.3.1 Violation of this section shall result in termination of the System
Agreement and recovery of all monies paid by County pursuant to the
System Agreement, and may result in debarment from County’s
competitive procurement activities.
20.3.2 In addition to the foregoing, Contractor further represents that there
has been no determination, based on an audit, that it committed an act
defined by Section 287.133, Florida Statutes, as a public entity crime
and that it has not been formally charged with committing an act
defined as a public entity crime regardless of the amount of money
involved or whether Contractor has been placed on the convicted
vendor list.
20.4 No Contingent Fee. Contractor warrants that it has not employed or retained
any Contractor or person, other than a bona fide employee working solely for
Contractor, to solicit or secure the System Agreement and that it has not paid or
agreed to pay any person, Contractor, corporation, individual or firm, other than a
bona fide employee working solely for Contractor any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the
award or making of the System Agreement. For the breach or violation of this
provision, County shall have the right to terminate the System Agreement without
Exhibit 3
Page 43 of 278
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