AGREEMENT between BROWARD COUNTY and Cummings ...

Exhibit 2
Page 72 of 379
Terminal 4 Gate Replacement – Western Expansion
upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or
termination, rates of pay or other forms of compensation; and selection of training,
including apprenticeship. CONTRACTOR agrees to post in conspicuous places available
to employees and applicants for employment, notices setting forth the provisions of this
non-discrimination clause.
32.1.1 COUNTY shall also require that any contractor selected to perform work on a
COUNTY project include the foregoing or similar language in its contracts with
any Subcontractors, except that any project assisted by U.S. Department of
Transportation funds shall comply with the non-discrimination requirements in
49 C.F.R. Parts 23 and 26, as amended. Subcontractors, if any, will be made
aware of and will comply with this nondiscrimination clause. Failure to comply
with above requirements is a material breach of the Agreement, and may result
in the termination of this Agreement or such other remedy as COUNTY deems
appropriate.
32.1.2 CONTRACTOR shall comply with Title I of the Americans with Disabilities Act
regarding nondiscrimination on the basis of disability in employment and further
shall not discriminate against any employee or applicant for employment
because of race, age, religion, color, gender, sexual orientation, national origin,
marital status, political affiliation, or physical or mental disability. In addition,
CONTRACTOR shall take affirmative steps to ensure nondiscrimination in
employment against disabled persons. Such actions shall include, but not be
limited to, the following: employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff, termination, rates of pay, other
forms of compensation, terms and conditions of employment, training (including
apprenticeship), and accessibility.
32.1.3 By execution of this Agreement, CONTRACTOR represents that it has not
been placed on the discriminatory vendor list (as provided in Section 287.134,
Florida Statutes). COUNTY hereby materially relies on such representation in
entering into this Agreement. An untrue representation of the foregoing shall
entitle COUNTY to terminate this Agreement and recover from CONTRACTOR
all monies paid by COUNTY pursuant to this Agreement, and may result in
debarment from COUNTY’s competitive procurement activities.
32.2 COUNTY BUSINESS ENTERPRISE (CBE) COMPLIANCE
32.2.1 In completing this Project, CONTRACTOR agrees to and shall comply with
County Business Act of 2009 (Broward County Ordinance No. 2009-40, as
may be amended from time to time), hereinafter referred to as the “Act,” which
provides for the establishment and implementation of CBE participation goals,
initiatives, and other opportunities for COUNTY contracts.
Failure by CONTRACTOR to carry out any of the CBE Program requirements
shall constitute a material breach of this Agreement, which shall permit COUNTY
to terminate this Agreement or to exercise any other remedy available under this
Agreement, under the Broward County Administrative Code, under the Broward
CM @ Risk Agreement R0787918R1 Page 71 of 85