AGREEMENT between BROWARD COUNTY and Cummings ...

Exhibit 2
Page 68 of 379
Terminal 4 Gate Replacement – Western Expansion
Management Services and General Conditions, prior to termination. Payment shall
include reasonable profit for work and services performed up to the date of the notice of
termination. No payment shall be made for profit for work and services that have not
been performed.
28.4 Upon receipt of Notice of Termination pursuant to Sections 28.2 or 28.3 above,
CONTRACTOR shall promptly discontinue all affected work unless the Notice of
Termination directs otherwise and deliver or otherwise make available to COUNTY all
data, drawings, specifications, reports, estimates, summaries and such other information
as may have been required by the Contract Documents whether completed or in
process.
28.5 This Agreement may also be terminated by the Board:
28.5.1 Upon the disqualification, by COUNTY’s Director of the Broward County Office of
Economic and Small Business Development (OESBD), of CONTRACTOR as a
County Business Enterprise (CBE) if CONTRACTOR’s status as CBE was a
factor in the award of this Agreement and such status was misrepresented by
CONTRACTOR;
28.5.2 Upon the disqualification by COUNTY’s Director of OESBD of CONTRACTOR if
CONTRACTOR obtained this Agreement or attempted to meet its CBE
contractual obligations through fraud, misrepresentation, or material
misstatement;
28.5.3 Upon the disqualification by COUNTY’s Director of OESBD of one or more of
CONTRACTOR’s CBE participants if any such participant’s status as a CBE was
a factor in the award of this Agreement and such status was misrepresented by
CONTRACTOR or such participant;
28.5.4 Upon the disqualification by COUNTY’s Director of OESBD of one or more of
CONTRACTOR’s CBE participants if such CBE participant attempted to meet its
CBE contractual obligations through fraud, misrepresentation, or material
misstatement;
28.5.5 If CONTRACTOR is determined by COUNTY’s Director of OESBD to have been
knowingly involved in any fraud, misrepresentation, or material misstatement
concerning the CBE status of its disqualified CBE participant. If so determined,
CONTRACTOR shall not be awarded CBE participation credit.
ARTICLE 29 - CONTRACTOR’S RIGHT TO STOP WORK OR TERMINATE AGREEMENT
If CPM fails to review and approve or state in writing reasons for rejection of any Application for
Payment within twenty (20) calendar days after it is properly presented, or if COUNTY fails
either to pay CONTRACTOR within thirty (30) calendar days after presentation by CPM of any
sum certified by CPM, or to notify CONTRACTOR and CPM in writing of any objection to the
Application for Payment, then CONTRACTOR may give written notice in accordance with Article
CM @ Risk Agreement R0787918R1 Page 67 of 85