Common use of STANDARDS OF COMPLIANCE Clause in Contracts

STANDARDS OF COMPLIANCE. 10.1 The Consultant, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The Town undertakes no duty to ensure such compliance, but will attempt to advise the Consultant, upon request, as to any such laws of which it has present knowledge. 102 The Consultant, by its execution of this Agreement, acknowledges and attests that, neither the employees of Consultant nor any of its suppliers, subcontractors or affiliates who shall perform work which is intended to benefit the Town, has been convicted of any public entity crime pursuant to Section 287.133, Florida Statutes, or, if any such person, entity or affiliate was convicted of a public entity crime, a period longer than thirty-six (36) months has passed since any such person, entity or affiliate was placed on a convicted vendor list. The Consultant further understands and acknowledges by its execution of this Agreement, that this Agreement shall be null and void, and/or that this Agreement is subject to immediate termination by the Town, for any misstatement or lack of compliance with the mandates of said statute. The Town, in the event of such termination, shall be relieved of its obligation’s hereunder to compensate the Consultant for any work or materials furnished. 10.3 The Consultant shall not be exempted from paying Florida sales and use taxes to the appropriate governmental agencies or for payments the Consultant is obligated to make to suppliers for taxes on materials it uses to fulfill its contractual obligations with the Town. The Consultant shall be responsible and liable for the payment of all of its FICA/Social Security and other taxes it is obligated to pay as a result of this Agreement. 10.4 Pursuant to Section 287.055(6), Florida Statutes, the Consultant warrants that it has not employed or retained any person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement. Further the Consultant warrants that he has not paid or agreed to pay any person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the awarding or making of this Agreement. For breach of this provision, the Town may terminate this Agreement without liability and, at its discretion, deduct or otherwise recover the full amount of such fee, commission, percentage, gift, or other consideration. 10.5 All final plans, documents, reports, studies and other data prepared by the Consultant shall, if applicable, bear the professional's seal and/or signature, in accordance with applicable Florida Statutes, or administrative rules promulgated by the Department of Business and Professional Regulation. 10.6 In the event that a work order is issued for a project which is funded or partially funded by a grant from the Federal Government, the Consultant agrees to comply with the provisions contained in Exhibit G, Terms for Federal Aid Contracts. 10.7 The Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract and in furtherance thereof may demand and obtain records and testimony from the Consultant and its Sub-consultants. The Consultant understands and agrees that in addition to other remedies and consequences provided by law, the failure of the Contractor or its Sub- consultants to fully cooperate with the Office of Inspector General of Palm Beach County when requested may be deemed by the Town to be material breach of this Agreement justifying its termination. The Office of Inspector General in Palm Beach County is established by Palm Beach County Code Section 2-421-2-440. Consultant acknowledges that its failure to cooperate with the Inspector General of Palm Beach County is a violation of Palm Beach Code, Section 2-421-2-440, and that it may be punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree- misdemeanor.

STANDARDS OF COMPLIANCE. 10.1 6.1 The ConsultantContractor, its employees, subcontractors Subcontractors, or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this AgreementContract. The Town District undertakes no duty to ensure such compliance, but will attempt to advise the ConsultantContractor, upon request, as to any such laws of which it has present knowledge. 6.2 The Contractor hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age, or sex, from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under this Contract. 102 The Consultant, by its execution Contractor shall take all measures necessary to effectuate these assurances. 6.3 The laws of the State of Florida shall govern all aspects of this AgreementContract. In the event it is necessary for either party to initiate legal action regarding this Contract, acknowledges and attests that, neither the employees of Consultant nor any of its suppliers, subcontractors or affiliates who shall perform work which is intended to benefit the Town, has been convicted of any public entity crime pursuant to Section 287.133, Florida Statutes, or, if any such person, entity or affiliate was convicted of a public entity crime, a period longer than thirty-six (36) months has passed since any such person, entity or affiliate was placed on a convicted vendor list. The Consultant further understands and acknowledges by its execution of this Agreement, that this Agreement venue shall be null in the Fifteenth Judicial Circuit or claims under state law and void, and/or that this Agreement is subject to immediate termination by in the Town, Southern District of Florida for any misstatement or lack of compliance with the mandates of said statute. The Town, claims which are justifiable in the event of such termination, shall be relieved of its obligation’s hereunder to compensate the Consultant for any work or materials furnishedfederal court. 10.3 6.4 The Consultant shall not be exempted from paying Florida sales and use taxes to the appropriate governmental agencies or for payments the Consultant is obligated to make to suppliers for taxes on materials it uses to fulfill its contractual obligations with the Town. The Consultant shall be responsible and liable for the payment of all of its FICA/Social Security and other taxes it is obligated to pay as a result of this Agreement. 10.4 Pursuant to Section 287.055(6), Florida Statutes, the Consultant warrants that it has not employed or retained any person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement. Further the Consultant Contractor hereby warrants that he has not paid or agreed not, during the bidding process, nor shall he, during the term of this Contract, offer to pay any personofficer, other than a bona fide employee working solely for or agent of the ConsultantDistrict, any feeanything of value including, commissionbut not limited to gifts, percentageloans, giftrewards, promises of future employment, favors or services, based on the understanding that the actions, decision or judgments of such officer, employee, or other consideration contingent upon or resulting from the awarding or making of this Agreementagent would be influenced thereby. For breach of this provision, the Town District may terminate this Agreement Contract without liability and, at its discretion, deduct or otherwise recover the full amount of such fee, commission, percentage, gift, or other consideration. 10.5 All final plans6.5 The Contractor, documentsby its execution of this Contract, reportsacknowledges and attests neither he, studies and other data prepared by nor any of his suppliers, subcontractors, or consultants who shall perform Work which is intended to benefit the Consultant shallDistrict, is a convicted vendor or, if applicable, bear the professional's seal and/or signature, in accordance with applicable Florida Statutes, Contractor or administrative rules promulgated by the Department of Business and Professional Regulation. 10.6 In the event that a work order is issued for a project which is funded or partially funded by a grant from the Federal Government, the Consultant agrees to comply with the provisions contained in Exhibit G, Terms for Federal Aid Contracts. 10.7 The Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract and in furtherance thereof may demand and obtain records and testimony from the Consultant and its Sub-consultants. The Consultant understands and agrees that in addition to other remedies and consequences provided by law, the failure any affiliate of the Contractor has been convicted of a public entity crime, a period longer than thirty-six (36) months has passed since that person was placed on the convicted vendor list. The Contractor further understands and accepts that this Contract shall be either voidable by the District or its Sub- consultants subject to fully cooperate immediate termination by the District, in the event there is any misrepresentation or lack of compliance with the Office mandates of Inspector General of Palm Beach County when requested may be deemed by the Town to be material breach of this Agreement justifying its termination. The Office of Inspector General in Palm Beach County is established by Palm Beach County Code Section 2-421-2-440. Consultant acknowledges that its failure to cooperate with the Inspector General of Palm Beach County is a violation of Palm Beach Code, Section 2-421-2-440, and that it may be punished pursuant to Section 125.69287.133, Florida Statutes. The District, in the same manner event of such termination, shall not incur any liability to the Contractor for any Work or materials furnished. The Contractor is required to submit a completed Public Entity Crime Statement with the Bid Form. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a second degree- misdemeanorcontractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 6.6 While this package cites Florida Department of Transportation (FDOT) specifications and references, the Contractor does not have to be FDOT certified.

STANDARDS OF COMPLIANCE. 10.1 The Consultant, its employees, subcontractors subconsultants or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The Town undertakes no duty to ensure such compliance, but will attempt to advise the Consultant, upon request, as to any such laws of which it has present knowledge. 102 . 10.2 The Consultant, by its execution of this Agreement, acknowledges and attests that, neither the employees of Consultant nor any of its suppliers, subcontractors subconsultants or affiliates who shall perform work which is intended to benefit the Town, has been convicted of any public entity crime pursuant to Section 287.133, Florida Statutes, or, if any such person, entity or affiliate was convicted of a public entity crime, a period longer than thirty-six (36) months has passed since any such person, entity or affiliate was placed on a convicted vendor list. The Consultant further understands and acknowledges by its execution of this Agreement, that this Agreement shall be null and void, and/or that this Agreement is subject to immediate termination by the Town, for any misstatement or lack of compliance with the mandates of said statute. The Town, in the event of such termination, shall be relieved of its obligation’s hereunder to compensate the Consultant for any work or materials furnished. 10.3 The Consultant shall not be exempted from paying Florida sales and use taxes to the appropriate governmental agencies or for payments the Consultant is obligated to make to suppliers for taxes on materials it uses to fulfill its contractual obligations with the Town. The Consultant shall be responsible and liable for the payment of all of its FICA/Social Security and other taxes it is obligated to pay as a result of this Agreement. 10.4 Pursuant to Section 287.055(6), Florida Statutes, the Consultant warrants that it has not employed or retained any person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement. Further the Consultant warrants that he has not paid or agreed to pay any person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the awarding or making of this Agreement. For breach of this provision, the Town may terminate this Agreement without liability and, at its discretion, deduct or otherwise recover the full amount of such fee, commission, percentage, gift, or other consideration. 10.5 All final plans, documents, reports, studies and other data prepared by the Consultant shall, if applicable, bear the professional's seal and/or signature, in accordance with applicable Florida Statutes, or administrative rules promulgated by the Department of Business and Professional Regulation. 10.6 In the event that a work order is issued for a project which is funded or partially funded by a grant from the Federal Government, the Consultant agrees to comply with the provisions contained in Exhibit G, Terms for Federal Aid Contracts. 10.7 The Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract and in furtherance thereof may demand and obtain records and testimony from the Consultant and its Sub-consultants. The Consultant understands and agrees that in addition to other remedies and consequences provided by law, the failure of the Contractor Consultant or its Sub- consultants to fully cooperate with the Office of Inspector General of Palm Beach County when requested may be deemed by the Town to be material breach of this Agreement justifying its termination. The Office of Inspector General in Palm Beach County is established by Palm Beach County Code Section 2-421-2-440. Consultant acknowledges that its failure to cooperate with the Inspector General of Palm Beach County is a violation of Palm Beach Code, Section 2-421-2-440, and that it may be punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree- misdemeanor.