VENDEX. The Contractor represents and warrants that it and its principals have duly executed and filed all required VENDEX Questionnaires and, if applicable, Certificates of No Change, pursuant to PPB Rule § 2-08 and in accordance with the policies and procedures of the Mayor’s Office of Contract Services. The Contractor understands that the Department's reliance upon the completeness and veracity of the information stated therein is a material condition to the execution of this Agreement, and represents and warrants that the information it and its principals have provided is accurate and complete.
VENDEX. Check the box if VENDEX Vendor and Principal Questionnaires are required, i.e., where the subcontract dollar amount is ≥ $100,000 or where the subcontractor’s aggregate business with the City is ≥ $100,000 during the preceding twelve months.
VENDEX. If Box 1 (VENDEX) is checked, the agency has granted preliminary approval, and determined that the subcontractor is required to file VENDEX Questionnaires with the Mayor's Office of Contract Services. A VENDEX Vendor Questionnaire and Principal Questionnaire must be filed where the subcontract dollar amount is ≥ $100,000 or where the aggregate business with the City is ≥ $100,000 during the preceding twelve months. The VENDEX Questionnaires and Guide can be downloaded from xxxx://xxx.xxx.xxx/html/selltonyc/html/tocvendex.html.
VENDEX. 14.1 Vendor represents and warrants that any questionnaires submitted as part of the Vendex process have been, or will be, fully answered in accordance with the requirements set forth by the New York City Mayor’s Office of Contract Services. The veracity of the information submitted is a material inducement to NYC Health + Hospitals’ execution of this Agreement.
14.2 If clearance from the City’s Office of Inspector General cannot be obtained prior to execution of this Agreement and if subsequent to the execution of this Agreement NYC Health + Hospitals receives information from the Office of the Inspector General of the kind that would typically lead to a finding that a vendor is not responsible to receive a contract from NYC Health + Hospitals, then NYC Health + Hospitals may terminate this Agreement immediately without liability for any damages resulting therefrom.
14.3 Vendor must submit new Vendex questionnaires every three years from the date of its last submission of Vendex questionnaires so long as this Agreement is in effect.
VENDEX. Section 38.1 Tenant represents that it will and it will cause all subsequent assignees and transferees of this Lease to submit to the City’s Vendex background investigation (or any similar or successor system serving the same function) and/or Landlord’s due diligence including, but not limited to, the Internal Background Investigation Questionnaire (or any similar or successor system serving the same function) sixty (60) days prior to the transfer and shall require them to make the same representations contained in this Article.
Section 38.2 Tenant represents, warrants and covenants that neither Tenant nor any person or entity that directly or indirectly controls or is controlled by or is under common control with the Tenant or, to Tenant’s knowledge, any contractor, subcontractor, or any consultant that will be involved with Tenant’s operations at the Demised Premises:
(a) is in default or in breach, beyond any applicable grace period, of its obligations under any written agreement with Prime Landlord or New York City, unless such default or breach has been waived in writing by the Prime Landlord or New York City, as the case may be;
(b) has been convicted of a misdemeanor and/or found in violation of any administrative, statutory, or regulatory provision in the past five (5) years;
(c) has been convicted of a felony, and/or crime related to truthfulness and/or business conduct in the past ten (10) years;
(d) has any felony, misdemeanor and/or administrative charges currently pending;
(e) has received written notice of default in the payment to New York City of any taxes, sewer rents or water charges, unless such default is then being contested with due diligence in proceedings in a court or other appropriate forum; or
(f) has owned at any time in the preceding three (3) years any property which, while in the ownership of such person, was acquired by New York City by in rem tax foreclosure, other than a property in which New York City has released or is in the process of releasing its interest to such person pursuant to the Administrative Code of New York City.
VENDEX. The Franchisee has completed all required submissions under the City’s VENDEX process, and the City’s review thereof has been completed; and
VENDEX. (a) The Provider shall submit, prior to the execution of the Agreement, a fully completed Vendex form. Forms are available online at hxxx://xxx.xxx.xxx/xxxx/mocs/html/research/vendex.shtml . The Vendex form is incorporated into and made part of this Agreement as if attached hereto. The Board has relied upon the information contained in the Vendex and in the event of an omission, misrepresentation, or false statement, the Board may terminate the Agreement with five (5) calendar days notice and shall be entitled to a return of all payments received by the Provider under the Agreement, if the information was materially false or intentionally omitted. Such termination shall be governed by the procedures set forth at paragraph 6(a) (3) of this Agreement.
(b) The Provider, shall, upon execution of the Agreement, contemporaneously submit an Affirmation in a form required by the City Comptroller. Such Affidavit shall be deemed incorporated into and made a part of the Agreement as if fully attached hereto.
(c) Any dispute arising from the Vendex Questionnaire shall be referred to the Chancellor or his/her designee for resolution.
VENDEX. Favorable completion of the City's appropriate review in connection with Vendex shall be a condition to the City's execution of this Agreement.
VENDEX. QUESTIONNAIRES
VENDEX. QUESTIONNAIRES This provision shall apply to contracts valued at $100,000 or more:
A. The Contractor states that the Principal, Individual, Business Entity and Not-for-Profit Organization Questionnaires (VENDEX Questionnaires), as the case may be, required by Procurement Policy Board Rule 2-08 and any regulations promulgated thereunder, have been duly executed and submitted to the Department. The Contractor understands that the Department's reliance upon the veracity of the information stated therein is a material condition to the execution of this Agreement, and that such information is in no respect misleading.
B. The Contractor shall submit the applicable VENDEX Questionnaires, or if applicable, an Affidavit of No Change at least annually or upon the renewal of this Agreement. Any contractor for which submission requirements for Business Entities and Not-for-Profit Organizations apply shall submit the applicable new fully completed VENDEX Questionnaires to the Department every three years.
C. This Agreement shall be a nullity until the Contractor complies with any and all the requirements set forth in Procurement Policy Board Rule 2-08 and any regulations promulgated thereunder, and the VENDEX Questionnaires.
