AGREEMENT between BROWARD COUNTY and Cummings ...

Exhibit 2
Page 73 of 379
Terminal 4 Gate Replacement – Western Expansion
County Code of Ordinances, or under applicable law, all of which remedies being
cumulative.
CONTRACTOR acknowledges that the Broward County Board of County
Commissioners, acting by and through the Director of the Broward County Office
of Economic and Small Business Development (OESBD), may make minor
administrative modifications to the CBE Program which shall become applicable
to this Agreement if the administrative modifications are not unreasonable.
Written notice of any such modification shall be provided to CONTRACTOR and
shall include a deadline for CONTRACTOR to notify COUNTY if CONTRACTOR
concludes that the modification exceeds the authority of this section of this
Agreement. Failure of CONTRACTOR to timely notify COUNTY of its conclusion
that the modification exceeds such authority shall be deemed acceptance of the
modification by CONTRACTOR.
The COUNTY shall review each proposed modification to this Agreement that, by
itself or aggregated with previous modifications, increase the contract value of
this Agreement by ten percent (10%) of the initial contract value, or Fifty
Thousand Dollars ($50,000) whichever is less, for opportunities to include or
increase the participation of CBE firms, already involved on this Agreement.
32.2.2 COUNTY and CONTRACTOR agree that prime and subcontract awards to CBE
firms are crucial to the achievement of COUNTY's CBE participation goals. In an
effort to assist COUNTY in achieving its established goals for this Project,
CONTRACTOR agrees to meet the current CBE participation goals established
by COUNTY.
32.2.2.1 This Contract has the following CBE participation goals:
Total CBE Goal 28%
32.2.2.2 CONTRACTOR may not terminate for convenience a certified CBE
listed as a Subcontractor in the CONTRACTORS bid or offer without
the County's prior written consent, which consent shall not be
unreasonably withheld. CONTRACTOR shall inform COUNTY
immediately when a CBE firm is not able to perform or if
CONTRACTOR believes the CBE firm should be replaced for any other
reason, so that the OESBD may review and verify the good faith efforts
of CONTRACTOR to substitute the CBE firm with another CBE firm.
Whenever a certified CBE Subcontractor is terminated for any reason,
including for cause, CONTRACTOR shall make good faith efforts to find
another certified CBE firm to perform the work required of the original
CBE firm.
32.2.3 CONTRACTOR understands that each CBE firm utilized on the Project to meet
the participation goals must be certified by the OESBD. CONTRACTOR agrees to
enter into contracts with CBE Subcontractors which are listed on the Schedule of
CBE Participation, Form 8, upon execution of the GMP Addendum and to provide
copies of its contracts with such persons to the CA and the Broward County
OESBD. CONTRACTOR may not deviate from the CBEs approved by the
CM @ Risk Agreement R0787918R1 Page 72 of 85