Unimark EC3000 Series Especificaciones descargar pdf (Pagina 37)

AIMS System and Services Agreement Page 37 of 60

Contractor agrees to furnish an updated CBE Utilization Report

(Exhibit J-3) to the Contract Administrator with each invoice for

payment or upon request of the Contract Administrator or the

Broward County Small Business Development Division, showing

all expenditures made to achieve compliance with its assigned

goals or other contractual conditions agreed to by Contractor

pursuant to the County Business Enterprise Act of 2009. All

reports shall include the name, business address, description of

the Services performed, or product supplied by each CBE; the

date and amount of each expenditure; verification of the CBE

status of any contractor performing any portion of this System

Agreement; and any other information requested by County

which may assist County in determining the Contractor’s

compliance with its contractual obligations, or may assist in the

implementation and enforcement of the County Business

Enterprise Act of 2009.

(b) The Final CBE Utilization Report (Exhibit J-4) must be submitted

with the final invoice for payment (in lieu of Exhibit J-3), listing

only those subcontractors certified as CBE's, to show

expenditures made to date to achieve compliance with the

assigned CBE goal. The submission of the reports required by

this subparagraph shall be a condition of payment to Contractor.

17.2.7 In the event of Contractor’s noncompliance with its participation

commitment to a CBE (including without limitation the unexcused

reduction of CBE participation), the affected CBE shall have the right

to exercise the following remedies if the noncompliance is or was due

to no fault of the CBE, and due to the willful action or omission of

Contractor:

(a) The affected CBE shall be entitled to damages pursuant to its

agreement with Contractor.

(b) If a subcontractor, material supplier, or other similarly-situated

person institutes an arbitration proceeding claiming non-

compliance with the County Business Enterprise Act of 2009 by

Contractor, then only in such event shall the remedies include an

undertaking by Contractor to submit any dispute concerning such

damages to binding arbitration by an independent arbitrator.

However, binding arbitration shall not be available as to any

dispute between Contractor and County; nor shall County incur

any cost, fee, or liability relative to any arbitration proceedings.

An arbitrator may award reasonable attorney's fees and costs

against a non-prevailing party.

Exhibit 3

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