AIMS System and Services Agreement Page 44 of 60
liability at its discretion, to deduct from the Contract price, or otherwise recover,
the full amount of such fee, commission, percentage, gift, or consideration.
20.5 Subcontractors.
20.5.1 Contractor shall utilize the subcontractors identified in the proposal that
was a material part of the selection of Contractor to provide the
Services for the project. The list of subcontractors submitted is set forth
on Exhibit J, and the rates and fees are set forth on Exhibit D.
Contractor shall obtain written approval of Contract Administrator prior
to changing or modifying the list of subcontractors submitted by
Contractor. Where Contractor's failure to use a subcontractor results in
Contractor's noncompliance with CBE participation goals, such failure
shall entitle the affected CBE subcontractor to damages available
under local and state law.
20.5.2 Invoices for any Services performed by any subcontractors shall be
passed through to County without additional charge by the Contractor.
All such Services shall be itemized on invoices from such
subcontractors, showing Services performed and charges incurred.
20.5.3 Contractor shall cause subcontractors to submit a completed Exhibit
D, in the form attached hereto, detailing such rates for authorization
prior to utilizing such subcontractor. Should any subcontractor fail to
submit a completed Exhibit D, in the form attached hereto, or fail to
submit a properly completed Exhibit D, as determined by the County
Auditor, the Contractor shall notify the Broward County Small Business
Development Division ("SBDD") of any such event, and until the failure
is cured the Contractor may withhold payment of any sums due the
subcontractor. In addition, the Contractor may make written request to
the Contract Administrator (with a copy to the County Auditor and the
SBDD) to replace such subcontractor with a subcontractor that is in
compliance with the provisions hereof. If the Contract Administrator
approves any change or modification of subcontractors pursuant
to Subsection 20.5.1, then Exhibits J and D shall be updated
accordingly and attached to this License Agreement by the
Contract Administrator.
20.5.4 Contractor shall bind each and every approved subcontractor to the
terms stated in this System Agreement, provided that this provision
shall not, in and of itself, impose the insurance requirements set forth
in Article 18 on Contractor's subcontractors. Contractor shall be
responsible for recommending to the Broward County Risk
Management Division the insurance coverages it will require of each of
its subcontractors, after taking into consideration the Services to be
provided by each of its subcontractors. The Broward County Risk
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