AGREEMENT between BROWARD COUNTY and Cummings ...

Exhibit 2
Page 75 of 379
Terminal 4 Gate Replacement – Western Expansion
COUNTY or its representatives from inquiring into allegations of nonpayment. The
foregoing remedies under this subsection 32.2.6 shall not be employed when
CONTRACTOR demonstrates that failure to pay results from a bona fide dispute
with its Subcontractor.
32.2.7 COUNTY shall have access without limitation to CONTRACTOR’s books and
records including payroll records, tax returns and records, and books of account,
on five (5) business day's notice, to allow COUNTY to determine
CONTRACTOR’s compliance with its commitment to CBE participation and the
status of any CBE firm performing any portion of this Agreement. On-site reviews
to monitor the CONTRACTOR’s progress in achieving and maintaining CBE
obligations will be carried out by the CA in conjunction with OESBD (or designee).
32.2.8 If CONTRACTOR fails to comply with the requirements of this Agreement or the
requirements of the County Business Enterprise Act of 2009, COUNTY shall have
the right to exercise any administrative remedies provided by the Business
Opportunity Act of 2004, or any other right or remedy provided in this Agreement
or under applicable law, with all such rights and remedies being cumulative.
32.3 CONTRACTOR Payment to Subcontractor
32.3.1 CONTRACTOR shall pay its Subcontractors and suppliers within seven (7)
calendar days following receipt of payment from the COUNTY for such
subcontracted work or supplies. CONTRACTOR agrees that if it withholds an
amount as retainage from its Subcontractors or suppliers, that it will release such
retainage and pay same within seven (7) calendar days following receipt of
payment of retained amounts from COUNTY, or within seven (7) calendar days
after the Subcontractor has satisfactorily completed its work, for which the
COUNTY has accepted through approval of CONTRACTOR’s application for
payment.
32.3.2 CONTRACTOR agrees that nonpayment of a Subcontractor or supplier as
required above, shall be a material breach of this Agreement and that COUNTY
may, at its option, increase allowable retainage or withhold progress payments
unless and until CONTRACTOR demonstrates timely payments of sums due to
such Subcontractors or suppliers. CONTRACTOR agrees that the presence of a
“pay when paid” provision in a subcontract shall not preclude COUNTY’s inquiry
into allegations of nonpayment. The foregoing remedies shall not be employed
when CONTRACTOR demonstrates that failure to pay results from a bona fide
dispute with its Subcontractor or supplier.
32.4 CONTRACT COMPLIANCE MONITORING
32.4.1 CONTRACTOR agrees to submit monthly the CBE Utilization Report to OESBD,
with copy to the PMO, containing a record of payments made to its CBE
subcontractors during the current reporting period.
32.4.2 CONTRACTOR agrees to submit the Final CBE Participation Report containing
the total amount paid to its CBE subcontractors. This report must be submitted
CM @ Risk Agreement R0787918R1 Page 74 of 85