06-1676 Professional Infrastructure Review Services - CPH Engineers, Inc.

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CONTRACTUAL SERVICES Page 9 of 13 employee is employed by the Consultant, the Consultant will require that strict adherence by the former state employee to Florida Statutes 112.313(9) and 112.3185 is a condition of employment of said former state employee. These statutes will by reference be made a part of this Agreement as though set forth in full. Consultant agrees to incorporate the provisions of this paragraph in any subcontract into which it might enter with reference to the work performed pursuant to this Agreement. H. 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 on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, 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 Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. I. The City will consider the employment by any contractor of unauthorized aliens a violation of section 274A(e) of the Immigration and Nationalization Act. Such violation will be a cause for unilateral cancellation of this agreement. 6. TERMINATION AND DEFAULT: A. The City may terminate this Agreement, in whole or in part, at any time, the interest of the City requires such termination, as follows: (1) If the City determines that the performance of the Consultant is not satisfactory, the City may notify the Consultant of the deficiency with the requirement that the deficiency be corrected within a specified time; but not less than 10 days. Otherwise the Agreement will be terminated at the end of such time or thirty (30) days whichever is sooner. (2) If the City requires termination of the Agreement for reasons other than unsatisfactory performance of the Consultant, the City shall notify the Consultant of such termination, with instructions as to the effective date of work stoppage or specify the stage of work at which the Agreement is to be terminated. (3) If the Agreement is terminated before performance is completed, the Consultant shall be paid for the work satisfactorily performed. Payment is to be on the basis of substantiated costs, not to exceed \\Ch-jefferson\util$\Projects\2006 Projects\RFQ 2006-03 Professional Infrastructure Review\CPH Agreement.doc