Common use of Compliance and Enforcement Clause in Contracts

Compliance and Enforcement. 1. These compliance and enforcement provisions address the additional contractual remedies available to Board as a result of Concessionaire’s failure, if any, to comply with the obligations set forth in the ACDBE Program requirements. The contractual remedies set forth in the ACDBE Program are also applicable to any failure to comply with the Program requirements, as well as any remedies available at law or in equity. These remedies are not intended to apply to any failure by Concessionaire to comply with other obligations under this Agreement unrelated to the Program requirements or preclude Board’s recovery of its actual damages for such unrelated breaches. 2. The Concessionaire and its ACDBE business partners must attend and participate in onboarding, progress, or non-compliance meetings and site visits upon request. The Concessionaire must forward all necessary documents and information during the course of performance under this Agreement and to close out the agreement and must cooperate with BDDD in providing any information, including the final accounting for ACDBE participation on this Agreement. 3. BDDD is empowered to receive and investigate complaints and allegations by ACDBEs, third parties or Board Staff, or to initiate its own investigations, regarding Concessionaire’s compliance with the ACDBE Program requirements. If BDDD determines that an investigation is warranted, Concessionaire must fully cooperate with the investigation and provide complete, truthful information to the Board concerning the investigation and Concessionaire’s compliance with the ACDBE Program requirements. 4. The failure of Concessionaire to meet the ACDBE contractual commitment or comply with any other aspect of the ACDBE Program requirements may constitute a material breach of this Agreement, entitling the Board to exercise any remedy available in this agreement/contract, the Program requirements or applicable law. 5. The Board may report any suspected false, fraudulent or dishonest conduct relating to the Concessionaire’s performance of the Program requirements to the Board’s Department of Audit Services or to any applicable enforcement agency, including the State Attorney General's Office and appropriate federal law enforcement authorities. 6. If Concessionaire/contractor is in breach of any of the Program requirements/ACDBE contract provisions, including non-payment of a contractor/subcontractor, the Board may exercise any of following remedies, in addition to any other remedies available to it under this agreement/contract or at law or in equity: (a) withholding funds payable under this agreement/contract, including, but not limited to, funds payable for work self- performed by the Concessionaire/contractor or applicable retainage; (b) temporarily suspending, at no cost to DFW, Concessionaire performance under the Lease; (c) termination of this Lease; (d) suspension/debarment, in accordance with applicable law, of Concessionaire/contractor from participating in any solicitations issued by DFW for severity of breach of contract; and 7. With respect to ACDBE firms, a finding of non-compliance could result in a denial of certification or removal of eligibility and/or suspension and debarment. 8. With respect to a firm not meeting their commitment on a previous lease or the underutilization of an ACDBE on a previous lease, BDDD shall regard as non-responsive any proposal or competitive selection process proposal received. 9. In the case of a joint venture with more than one ACDBE partner, if one ACDBE partner is non-compliant the entire joint venture is deemed non- compliant. A. GENERAL REQUIREMENTS 1. It is the policy of the Dallas/Fort Worth International Airport Board of Directors (“Airport Board”) to support the growth and development of Minority/Women Business Enterprises (“M/WBE”) that can successfully compete for Airport prime contracting and subcontracting opportunities.

Appears in 4 contracts

Samples: Concession Lease Agreement, Retail Vending Agreement, Concession Lease Agreement

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Compliance and Enforcement. 1. These compliance and enforcement provisions address the additional contractual remedies available to the Airport Board as a result of Concessionairethe Contractor’s failure, if any, failure to comply with the obligations set forth in the ACDBE M/WBE Program requirementsPolicy and Administrative Procedures. The contractual remedies set forth in the ACDBE Program are also applicable to any the Contractor’s failure to comply with the Program requirements, as well as any remedies available at law or in equity. These remedies are not intended to apply to any the Contractor’s failure by Concessionaire to comply with other obligations under this Agreement the Contract unrelated to the Program requirements or preclude Airport Board’s recovery of its actual damages for such unrelated breachesunrelatedbreaches. 2. The Concessionaire and its ACDBE business partners Contractor must attend and participate in onboarding, progress, or non-non- compliance meetings and site visits upon request. The Concessionaire Contractor must forward all necessary documents and information during the course of performance under this Agreement and to close out the agreement Contract and must cooperate with BDDD in providing any information, including the final accounting for ACDBE M/WBE participation on this Agreementthe Contract. 3. BDDD is empowered to receive and investigate complaints and allegations by ACDBEsM/WBEs, third parties or Airport Board Staff, or to initiate its own investigations, regarding ConcessionaireContractor’s compliance with the ACDBE Program requirements. If BDDD determines that an investigation is warranted, Concessionaire the Contractor must fully cooperate with the investigation and provide complete, truthful information to the Airport Board or its representatives concerning the investigation and ConcessionaireContractor’s compliance with the ACDBE Program requirements. 4. The failure of Concessionaire the Contractor to meet the ACDBE M/WBE contractual commitment or comply with any other aspect of the ACDBE Program requirements may will constitute a material breach of this Agreement, the Contract entitling the Airport Board or its representatives to exercise any remedy available in this agreement/contractContract, the Program requirements or applicable law. In addition, the failure of the Contractor to meet the M/WBE contractual commitment or comply with any other aspect of the Program requirements may be considered and have a bearing on future contract award considerations. 5. The Board may report any Any suspected false, fraudulent or dishonest conduct relating to the ConcessionaireContractor’s performance of the Program requirements may be reported to the Airport Board’s Department of Audit Services or to any applicable enforcement agency, including the State Attorney General's Office and appropriate federal law enforcement authorities. 6. If Concessionaire/contractor Contractor is in breach of any of the Program requirements/ACDBE contract provisions, including non-payment of a contractor/subcontractor, the Airport Board or its representatives may exercise any of following remedies, in addition to any other remedies available to it under this agreement/contract Contract or at law or in equity: (a) a. withholding funds payable under this agreement/contractContract, including, but not limited to, funds payable for work self- self-performed by the Concessionaire/contractor Contractor or applicable retainage; (b) b. temporarily suspending, at no cost to DFW, Concessionaire Contractor’s performance under the LeaseAgreement/Contract; (c) c. termination of this Leasethe Agreement/Contract; (d) d. suspension/debarment, in accordance with applicable law, debarment of Concessionaire/contractor Contractor for a period of time from participating in any solicitations issued by DFW for severity of breach of contract; andContract. 7. With respect to ACDBE a firm not meeting a goal on a previous contract or the underutilization of an M/WBE (or SBEs, if applicable) on a previous contract, BDDD shall regard as non-responsive any bid, proposal or competitive selection process proposal received that includes the Contractor, consultant as a Contractor, consultant, subcontractor, subconsultant, joint venture, supplier, manufacturer’s representative, or broker. 8. With respect to M/WBE firms, a finding of non-compliance could result in a denial of certification or removal of eligibility and/or suspension and debarment. 8. With respect to a firm not meeting their commitment on a previous lease or the underutilization of an ACDBE on a previous lease, BDDD shall regard as non-responsive any proposal or competitive selection process proposal received. 9. In the case of a joint venture with more than one ACDBE partner, if one ACDBE partner is non-compliant the entire joint venture is deemed non- compliant. A. GENERAL REQUIREMENTS 1. It is the policy of the Dallas/Fort Worth International Airport Board of Directors (“Airport Board”) to support the growth and development of Minority/Women Business Enterprises (“M/WBE”) that can successfully compete for Airport prime contracting and subcontracting opportunities.

Appears in 4 contracts

Samples: Concession Lease Agreement, Retail Vending Agreement, Concession Lease Agreement

Compliance and Enforcement. 1. These compliance and enforcement provisions address the additional contractual remedies available to the Airport Board as a result of Concessionairethe Contractor’s failure, if any, failure to comply with the obligations set forth in the ACDBE M/WBE Program requirementsPolicy and Administrative Procedures. The contractual remedies set forth in the ACDBE Program are also applicable to any the Contractor’s failure to comply with the Program requirements, as well as any remedies available at law or in equity. These remedies are not intended to apply to any the Contractor’s failure by Concessionaire to comply with other obligations under this Agreement the Contract unrelated to the Program requirements or preclude Airport Board’s recovery of its actual damages for such unrelated breaches. 2. The Concessionaire and its ACDBE business partners Contractor must attend and participate in onboarding, progress, or non-non- compliance meetings and site visits upon request. The Concessionaire Contractor must forward all necessary documents and information during the course of performance under this Agreement and to close out the agreement Contract and must cooperate with BDDD in providing any information, including the final accounting for ACDBE M/WBE participation on this Agreementthe Contract. 3. BDDD is empowered to receive and investigate complaints and allegations by ACDBEsM/WBEs, third parties or Airport Board Staff, or to initiate its own investigations, regarding ConcessionaireContractor’s compliance with the ACDBE Program requirements. If BDDD determines that an investigation is warranted, Concessionaire the Contractor must fully cooperate with the investigation and provide complete, truthful information to the Airport Board or its representatives concerning the investigation and ConcessionaireContractor’s compliance with the ACDBE Program requirements. 4. The failure of Concessionaire the Contractor to meet the ACDBE M/WBE contractual commitment or comply with any other aspect of the ACDBE Program requirements may will constitute a material breach of this Agreement, the Contract entitling the Airport Board or its representatives to exercise any remedy available in this agreement/contractContract, the Program requirements or applicable law. In addition, the failure of the Contractor to meet the M/WBE contractual commitment or comply with any other aspect of the Program requirements may be considered and have a bearing on future contract award considerations. 5. The Board may report any Any suspected false, fraudulent or dishonest conduct relating to the ConcessionaireContractor’s performance of the Program requirements may be reported to the Airport Board’s Department of Audit Services or to any applicable enforcement agency, including the State Attorney General's Office and appropriate federal law enforcement authorities. 6. If Concessionaire/contractor Contractor is in breach of any of the Program requirements/ACDBE contract provisions, including non-payment of a contractor/subcontractor, the Airport Board or its representatives may exercise any of following remedies, in addition to any other remedies available to it under this agreement/contract Contract or at law or in equity: (a) withholding funds payable under this agreement/contract, including, but not limited to, funds payable for work self- performed by the Concessionaire/contractor or applicable retainage; (b) temporarily suspending, at no cost to DFW, Concessionaire performance under the Lease; (c) termination of this Lease; (d) suspension/debarment, in accordance with applicable law, of Concessionaire/contractor from participating in any solicitations issued by DFW for severity of breach of contract; and 7. With respect to ACDBE firms, a finding of non-compliance could result in a denial of certification or removal of eligibility and/or suspension and debarment. 8. With respect to a firm not meeting their commitment on a previous lease or the underutilization of an ACDBE on a previous lease, BDDD shall regard as non-responsive any proposal or competitive selection process proposal received. 9. In the case of a joint venture with more than one ACDBE partner, if one ACDBE partner is non-compliant the entire joint venture is deemed non- compliant. A. GENERAL REQUIREMENTS 1. It is the policy of the Dallas/Fort Worth International Airport Board of Directors (“Airport Board”) to support the growth and development of Minority/Women Business Enterprises (“M/WBE”) that can successfully compete for Airport prime contracting and subcontracting opportunities.

Appears in 3 contracts

Samples: Project Controls and Analytic Services Agreement, Design and Design Management Agreement, Facilities Design and Design Management Services Agreement

Compliance and Enforcement. 1. These compliance and enforcement provisions address the additional contractual remedies available to Board as a result of Concessionaire’s failure, if any, to comply with the obligations set forth in the ACDBE and DBE Program requirements. The contractual remedies set forth in the ACDBE Program and DBE Programs are also applicable to any failure to comply with the Program requirements, as well as any remedies available at law or in equity. These remedies are not intended to apply to any failure by Concessionaire to comply with other obligations under this Agreement Lease unrelated to the Program requirements or preclude Board’s recovery of its actual damages for such unrelated breaches. 2. The Concessionaire and its ACDBE business partners must attend and participate in onboarding, progress, or non-compliance meetings and site visits upon request. The Concessionaire must forward all necessary documents and information during the course of performance under this Agreement Lease and to close out the agreement and must cooperate with BDDD in providing any information, including the final accounting for ACDBE and DBE participation on this AgreementLease. 3. BDDD is empowered to receive and investigate complaints and allegations by ACDBEsACDBEs and/or DBEs, third parties or Board Staff, or to initiate its own investigations, regarding Concessionaire’s compliance with the ACDBE Program requirements. If BDDD determines that an investigation is warranted, Concessionaire must fully cooperate with the investigation and provide complete, truthful information to the Board concerning the investigation and Concessionaire’s compliance with the ACDBE Program requirements. 4. The failure of Concessionaire to meet the ACDBE and DBE contractual commitment commitments or comply with any other aspect of the ACDBE Program requirements may constitute a material breach of this AgreementLease, entitling the Board to exercise any remedy available in this agreement/contract, the Program requirements or applicable law. 5. The Board may report any suspected false, fraudulent or dishonest conduct relating to the Concessionaire/contractor’s performance of the Program requirements to the Board’s Department of Audit Services or to any applicable enforcement agency, including the State Attorney General's Office and appropriate federal law enforcement authorities. 6. If Concessionaire/contractor is in breach of any of the Program requirements/ACDBE contract provisions, including non-payment of a contractor/subcontractor, the Board may exercise any of following remedies, in addition to any other remedies available to it under this agreement/contract or at law or in equity: (a) a. withholding funds payable under this agreement/contract, including, but not limited to, funds payable for work self- self-performed by the Concessionaire/contractor or applicable retainage; (b) b. temporarily suspending, at no cost to DFW, Concessionaire performance under the Lease; (c) c. termination of this Lease; (d) d. suspension/debarment, in accordance with applicable law, of Concessionaire/Concessionaire/ contractor from participating in any solicitations issued by DFW for severity of breach of contract; and 7. With respect to ACDBE and DBE firms, a finding of non-compliance could result in a denial of certification or removal of eligibility and/or suspension and debarment. 8. With respect to a firm not meeting their commitment on a previous lease or the underutilization of an ACDBE on a previous lease, BDDD shall regard as non-responsive any proposal or competitive selection process proposal received. 9. In the case of a joint venture with more than one ACDBE partner, if one ACDBE partner is non-compliant the entire joint venture is deemed non- compliant. A. GENERAL REQUIREMENTS 1. It is the policy of the Dallas/Fort Worth International Airport Board of Directors (“Airport Board”) to support the growth and development of Minority/Women Business Enterprises (“M/WBE”) that can successfully compete for Airport prime contracting and subcontracting opportunities.

Appears in 3 contracts

Samples: Concession Lease Agreement, Concessions Lease, Concession Lease Agreement

Compliance and Enforcement. 1. These compliance and enforcement provisions address the additional contractual remedies available to the Airport Board as a result of Concessionairethe Contractor’s failure, if any, failure to comply with the obligations set forth in the ACDBE M/WBE Program requirementsPolicy and Administrative Procedures. The contractual remedies set forth in the ACDBE Program are also applicable to any the Contractor’s failure to comply with the Program requirements, as well as any remedies available at law or in equity. These remedies are not intended to apply to any the Contractor’s failure by Concessionaire to comply with other obligations under this Agreement the Contract unrelated to the Program requirements or preclude Airport Board’s recovery of its actual damages for such unrelated breaches. 2. The Concessionaire and its ACDBE business partners Contractor must attend and participate in onboarding, progress, or non-non- compliance meetings and site visits upon request. The Concessionaire Contractor must forward all necessary documents and information during the course of performance under this Agreement and to close out the agreement Contract and must cooperate with BDDD in providing any information, including the final accounting for ACDBE M/WBE participation on this Agreementthe Contract. 3. BDDD is empowered to receive and investigate complaints and allegations by ACDBEsM/WBEs, third parties or Airport Board Staff, or to initiate its own investigations, regarding ConcessionaireContractor’s compliance with the ACDBE Program requirements. If BDDD determines that an investigation is warranted, Concessionaire the Contractor must fully cooperate with the investigation and provide complete, truthful information to the Airport Board or its representatives concerning the investigation and ConcessionaireContractor’s compliance with the ACDBE Program requirements. 4. The failure of Concessionaire the Contractor to meet the ACDBE M/WBE contractual commitment or comply with any other aspect of the ACDBE Program requirements may will constitute a material breach of this Agreement, the Contract entitling the Airport Board or its representatives to exercise any remedy available in this agreement/contractContract, the Program requirements or applicable law. In addition, the failure of the Contractor to meet the M/WBE contractual commitment or comply with any other aspect of the Program requirements may be considered and have a bearing on future contract award considerations. 5. The Board may report any Any suspected false, fraudulent or dishonest conduct relating to the ConcessionaireContractor’s performance of the Program requirements may be reported to the Airport Board’s Department of Audit Services or to any applicable enforcement agency, including the State Attorney General's Office and appropriate federal law enforcement authorities. 6. If Concessionaire/contractor Contractor is in breach of any of the Program requirements/ACDBE contract provisions, including non-payment of a contractor/subcontractor, the Airport Board or its representatives may exercise any of following remedies, in addition to any other remedies available to it under this agreement/contract Contract or at law or in equity: (a) a. withholding funds payable under this agreement/contractContract, including, but not limited to, funds payable for work self- self-performed by the Concessionaire/contractor Contractor or applicable retainage; (b) b. temporarily suspending, at no cost to DFW, Concessionaire Contractor’s performance under the LeaseAgreement/Contract; (c) c. termination of this Leasethe Agreement/Contract; (d) d. suspension/debarment, in accordance with applicable law, debarment of Concessionaire/contractor Contractor for a period of time from participating in any solicitations issued by DFW for severity of breach of contract; andContract. 7. With respect to ACDBE firms, a finding of non-compliance could result in a denial of certification or removal of eligibility and/or suspension and debarment. 8. With respect to a firm not meeting their commitment a goal on a previous lease contract or the underutilization of an ACDBE M/WBE (or SBEs, if applicable) on a previous leasecontract, BDDD shall regard as non-responsive any bid, proposal or competitive selection process proposal receivedreceived that includes the Contractor, consultant as a Contractor, consultant, subcontractor, subconsultant, joint venture, supplier, manufacturer’s representative, or broker. 9. In the case of a joint venture with more than one ACDBE partner, if one ACDBE partner is non-compliant the entire joint venture is deemed non- compliant. A. GENERAL REQUIREMENTS 1. It is the policy of the Dallas/Fort Worth International Airport Board of Directors (“Airport Board”) to support the growth and development of Minority/Women Business Enterprises (“M/WBE”) that can successfully compete for Airport prime contracting and subcontracting opportunities.

Appears in 2 contracts

Samples: Indefinite Delivery of Structural Inspections and Review Services Agreement, Civil Design and Design Management Services Agreement

Compliance and Enforcement. 1. These compliance and enforcement provisions address the additional contractual remedies available to Board as a result of Concessionaire’s failure, if any, to comply with the obligations set forth in the ACDBE and DBE Program requirements. The contractual remedies set forth in the ACDBE Program and DBE Programs are also applicable to any failure to comply with the Program requirements, as well as any remedies available at law or in equity. These remedies are not intended to apply to any failure by Concessionaire to comply with other obligations under this Agreement Lease unrelated to the Program requirements or preclude Board’s recovery of its actual damages for such unrelated breaches. 2. The Concessionaire and its ACDBE business partners must attend and participate in onboarding, progress, or non-compliance meetings and site visits upon request. The Concessionaire must forward all necessary documents and information during the course of performance under this Agreement Lease and to close out the agreement and must cooperate with BDDD in providing any information, including the final accounting for ACDBE and DBE participation on this AgreementLease. 3. BDDD is empowered to receive and investigate complaints and allegations by ACDBEsACDBEs and/or DBEs, third parties or Board Staff, or to initiate its own investigations, regarding Concessionaire’s compliance with the ACDBE Program requirements. If BDDD determines that an investigation is warranted, Concessionaire must fully cooperate with the investigation and provide complete, truthful information to the Board concerning the investigation and Concessionaire’s compliance with the ACDBE Program requirements. 4. The failure of Concessionaire to meet the ACDBE and DBE contractual commitment commitments or comply with any other aspect of the ACDBE Program requirements may constitute a material breach of this AgreementLease, entitling the Board to exercise any remedy available in this agreement/contract, the Program requirements or applicable law. 5. The Board may report any suspected false, fraudulent or dishonest conduct relating to the Concessionaire/contractor’s performance of the Program requirements to the Board’s Department of Audit Services or to any applicable enforcement agency, including the State Attorney General's Office and appropriate federal law enforcement authorities. 6. If Concessionaire/contractor is in breach of any of the Program requirements/ACDBE contract provisions, including non-payment of a contractor/subcontractor, the Board may exercise any of following remedies, in addition to any other remedies available to it under this agreement/contract or at law or in equity: (a) a. withholding funds payable under this agreement/contract, including, but not limited to, funds payable for work self- self-performed by the Concessionaire/contractor or applicable retainage; (b) b. temporarily suspending, at no cost to DFW, Concessionaire performance under the Lease; (c) c. termination of this Lease; (d) d. suspension/debarment, in accordance with applicable law, of Concessionaire/contractor from participating in any solicitations issued by DFW for severity of breach of contract; and 7. With respect to ACDBE and DBE firms, a finding of non-compliance could result in a denial of certification or removal of eligibility and/or suspension and debarment. 8. With respect to a firm not meeting their commitment on a previous lease or the underutilization of an ACDBE on a previous lease, BDDD shall regard as non-responsive any proposal or competitive selection process proposal received. 9. In the case of a joint venture with more than one ACDBE partner, if one ACDBE partner is non-compliant the entire joint venture is deemed non- compliant. A. GENERAL REQUIREMENTS 1. It is the policy of the Dallas/Fort Worth International Airport Board of Directors (“Airport Board”) to support the growth and development of Minority/Women Business Enterprises (“M/WBE”) that can successfully compete for Airport prime contracting and subcontracting opportunities.

Appears in 2 contracts

Samples: Concession Lease Agreement, Concessions Lease

Compliance and Enforcement. 1. These compliance and enforcement provisions address the additional contractual remedies available to the Airport Board as a result of Concessionairethe Contractor’s failure, if any, failure to comply with the obligations set forth in the ACDBE DBE Program requirementsPolicy and Administrative Procedures. The contractual remedies set forth in the ACDBE Program are also applicable to any the Contractor’s failure to comply with the Program requirements, as well as any remedies available at law or in equity. These remedies are not intended to apply to any the Contractor’s failure by Concessionaire to comply with other obligations under this Agreement the Contract unrelated to the Program requirements or preclude Airport Board’s recovery of its actual damages for such unrelated breaches. 2. The Concessionaire and its ACDBE business partners Contractor must attend and participate in onboarding, progress, or non-non- compliance meetings and site visits upon request. The Concessionaire Contractor must forward all necessary documents and information during the course of performance under this Agreement and to close out the agreement Contract and must cooperate with BDDD in providing any information, including the final accounting for ACDBE DBE participation on this Agreementthe Contract. 3. BDDD is empowered to receive and investigate complaints and allegations by ACDBEsDBEs, third parties or Airport Board Staff, or to initiate its own investigations, regarding ConcessionaireContractor’s compliance with the ACDBE Program requirements. If BDDD determines that an investigation is warranted, Concessionaire the Contractor must fully cooperate with the investigation and provide complete, truthful information to the Airport Board or its representatives concerning the investigation and ConcessionaireContractor’s compliance with the ACDBE Program requirements. 4. The failure of Concessionaire the Contractor to meet the ACDBE DBE contractual commitment or comply with any other aspect of the ACDBE Program requirements may will constitute a material breach of this Agreement, the Contract entitling the Airport Board or its representatives to exercise any remedy available in this agreement/contractContract, the Program requirements or applicable law. In addition, the failure of the Contractor to meet the DBE contractual commitment or comply with any other aspect of the Program requirements may be considered and have a bearing on future contract award considerations. 5. The Board may report any Any suspected false, fraudulent or dishonest conduct relating to the ConcessionaireContractor’s performance of the Program requirements may be reported to the Airport Board’s Department of Audit Services or to any applicable enforcement agency, including the State Attorney General's Office and appropriate federal law enforcement authorities. 6. If Concessionaire/contractor Contractor is in breach of any of the Program requirements/ACDBE contract provisions, including non-payment of a contractor/subcontractor, the Airport Board or its representatives may exercise any of following remedies, in addition to any other remedies available to it under this agreement/contract Contract or at law or in equity: (a) a. withholding funds payable under this agreement/contractContract, including, but not limited to, funds payable for work self- self-performed by the Concessionaire/contractor Contractor or applicable retainage; (b) b. temporarily suspending, at no cost to DFW, Concessionaire Contractor’s performance under the LeaseAgreement/Contract; (c) c. termination of this Leasethe Agreement/Contract; (d) d. suspension/debarment, in accordance with applicable law, debarment of Concessionaire/contractor Contractor for a period of time from participating in any solicitations issued by DFW for severity of breach of contract; andContract. 7. With respect to ACDBE firms, a finding of non-compliance could result in a denial of certification or removal of eligibility and/or suspension and debarment. 8. With respect to a firm not meeting their commitment a goal on a previous lease contract or the underutilization of an ACDBE a DBE (or SBEs, if applicable) on a previous leasecontract, BDDD shall regard as non-responsive any bid, proposal or competitive selection process proposal receivedreceived that includes the Contractor, consultant as a Contractor, consultant, subcontractor, subconsultant, joint venture, supplier, manufacturer’s representative, or broker. 9. In the case of a joint venture with more than one ACDBE partner, if one ACDBE partner is non-compliant the entire joint venture is deemed non- compliant. A. GENERAL REQUIREMENTS 1. It is the policy of the Dallas/Fort Worth International Airport Board of Directors (“Airport Board”) to support the growth and development of Minority/Women Business Enterprises (“M/WBE”) that can successfully compete for Airport prime contracting and subcontracting opportunities.

Appears in 1 contract

Samples: Material Testing and Inspection Services Agreement

Compliance and Enforcement. 1. These compliance and enforcement provisions address the additional contractual remedies available to the Airport Board as a result of Concessionairethe Contractor’s failure, if any, failure to comply with the obligations set forth in the ACDBE Program requirementsM/WBE Policy and Administrative Procedures. The contractual remedies set forth in the ACDBE Program are also applicable to any the Contractor’s failure to comply with the Program requirements, as well as any remedies available at law or in equity. These remedies are not intended to apply to any the Contractor’s failure by Concessionaire to comply with other obligations under this Agreement the Contract unrelated to the Program requirements or preclude Airport Board’s recovery of its actual damages for such unrelated breaches. 2. The Concessionaire and its ACDBE business partners Contractor must attend and participate in onboarding, progress, or non-non- compliance meetings and site visits upon request. The Concessionaire Contractor must forward all necessary documents and information during the course of performance under this Agreement and to close out the agreement Contract and must cooperate with BDDD in providing any information, including the final accounting for ACDBE M/WBE participation on this Agreementthe Contract. 3. BDDD is empowered to receive and investigate complaints and allegations by ACDBEsM/WBEs, third parties or Airport Board Staff, or to initiate its own investigations, regarding ConcessionaireContractor’s compliance with the ACDBE Program requirements. If BDDD determines that an investigation is warranted, Concessionaire the Contractor must fully cooperate with the investigation and provide complete, truthful information to the Airport Board concerning the investigation and ConcessionaireContractor’s compliance with the ACDBE Program requirements. 4. The failure of Concessionaire the Contractor to meet the ACDBE M/WBE contractual commitment or comply with any other aspect of the ACDBE Program requirements may will constitute a material breach of this Agreement, the Contract entitling the Airport Board to exercise any remedy available in this agreement/contractContract, the Program requirements or applicable law. In addition, the failure of the Contractor to meet the M/WBE contractual commitment or comply with any other aspect of the Program requirements may be considered and have a beating on future contract award considerations. 5. The Airport Board may report any suspected false, fraudulent or dishonest conduct relating to the ConcessionaireContractor’s performance of the Program requirements to the Airport Board’s Department of Audit Services or to any applicable enforcement agency, including the State Attorney General's Office and appropriate federal law enforcement authorities. 6. If Concessionaire/contractor Contractor is in breach of any of the Program requirements/ACDBE contract provisions, including non-payment of a contractor/subcontractor, the Airport Board may exercise any of following remedies, in addition to any other remedies available to it under this agreement/contract Contract or at law or in equity: (a) a. withholding funds payable under this agreement/contractContract, including, but not limited to, funds payable for work self- self-performed by the Concessionaire/contractor Contractor or applicable retainage; (b) b. temporarily suspending, at no cost to DFW, Concessionaire Contractor’s performance under the LeaseAgreement/Contract; (c) c. termination of this Leasethe Agreement/Contract; (d) d. suspension/debarment, in accordance with applicable law, of Concessionaire/contractor Contractor for a period of time from participating in any solicitations issued by DFW for severity of breach of contract; andContract. 7. With respect to ACDBE a firm not meeting a goal on a previous contract or the underutilization of an M/WBE(s) on a previous contract, BDDD shall regard as non-responsive any bid, proposal or competitive selection process proposal received that includes the Contractor, consultant as a Contractor, consultant, subcontractor, subconsultant, joint venture, supplier, manufacturer’s representative, or broker. 8. With respect to M/WBE firms, a finding of non-compliance could result in a denial of certification or removal of eligibility and/or suspension and debarment. 8. With respect to a firm not meeting their commitment on a previous lease or the underutilization of an ACDBE on a previous lease, BDDD shall regard as non-responsive any proposal or competitive selection process proposal received. 9. In the case of a joint venture with more than one ACDBE partner, if one ACDBE partner is non-compliant the entire joint venture is deemed non- compliant. A. GENERAL REQUIREMENTS 1. It is the policy of the Dallas/Fort Worth International Airport Board of Directors (“Airport Board”) to support the growth and development of Minority/Women Business Enterprises (“M/WBE”) that can successfully compete for Airport prime contracting and subcontracting opportunities.

Appears in 1 contract

Samples: Concessions Lease

Compliance and Enforcement. 1. These compliance and enforcement provisions address the additional contractual remedies available to the Airport Board as a result of Concessionairethe Contractor’s failure, if any, failure to comply with the obligations set forth in the ACDBE M/WBE Program requirementsPolicy and Administrative Procedures. The contractual remedies set forth in the ACDBE Program are also applicable to any the Contractor’s failure to comply with the Program requirements, as well as any remedies available at law or in equity. These remedies are not intended to apply to any the Contractor’s failure by Concessionaire to comply with other obligations under this Agreement the Contract unrelated to the Program requirements or preclude Airport Board’s recovery of its actual damages for such unrelated breaches. 2. The Concessionaire and its ACDBE business partners Contractor must attend and participate in onboarding, progress, or non-non- compliance meetings and site visits upon request. The Concessionaire Contractor must forward all necessary documents and information during the course of performance under this Agreement and to close out the agreement Contract and must cooperate with BDDD in providing any information, including the final accounting for ACDBE M/WBE participation on this Agreementthe Contract. 3. BDDD is empowered to receive and investigate complaints and allegations by ACDBEsM/WBEs, third parties or Airport Board Staff, or to initiate its own investigations, regarding ConcessionaireContractor’s compliance with the ACDBE Program requirements. If BDDD determines that an investigation is warranted, Concessionaire the Contractor must fully cooperate with the investigation and provide complete, truthful information to the Airport Board or its representatives concerning the investigation and ConcessionaireContractor’s compliance with the ACDBE Program requirements. 4. The failure of Concessionaire the Contractor to meet the ACDBE M/WBE contractual commitment or comply with any other aspect of the ACDBE Program requirements may will constitute a material breach of this Agreement, the Contract entitling the Airport Board or its representatives to exercise any remedy available in this agreement/contractContract, the Program requirements or applicable law. In addition, the failure of the Contractor to meet the M/WBE contractual commitment or comply with any other aspect of the Program requirements may be considered and have a bearing on future contract award considerations. 5. The Board may report any Any suspected false, fraudulent or dishonest conduct relating to the ConcessionaireContractor’s performance of the Program requirements may be reported to the Airport Board’s Department of Audit Services or to any applicable enforcement agency, including the State Attorney General's Office and appropriate federal law enforcement authorities. 6. If Concessionaire/contractor Contractor is in breach of any of the Program requirements/ACDBE contract provisions, including non-payment of a contractor/subcontractor, the Airport Board or its representatives may exercise any of following remedies, in addition to any other remedies available to it under this agreement/contract Contract or at law or in equity: (a) a. withholding funds payable under this agreement/contractContract, including, but not limited to, funds payable for work self- self-performed by the Concessionaire/contractor Contractor or applicable retainage; (b) b. temporarily suspending, at no cost to DFW, Concessionaire Contractor’s performance under the LeaseAgreement/Contract; (c) c. termination of this Leasethe Agreement/Contract; (d) d. suspension/debarment, in accordance with applicable law, debarment of Concessionaire/contractor Contractor for a period of time from participating in any solicitations issued by DFW for severity of breach of contract; andContract. 7. With respect to ACDBE a firm not meeting a goal on a previous contract or the underutilization of an M/WBE (or SBEs, if applicable) on a previous contract, BDDD shall regard as non-responsive any bid, proposal or competitive selection process proposal received that includes the Contractor, consultant as a Contractor, consultant, subcontractor, subconsultant, joint venture, supplier, manufacturer’s representative, or broker. 8. With respect to M/WBE firms, a finding of non-compliance could result in a denial of certification or removal of eligibility and/or suspension and debarment. 8. With respect to a firm not meeting their commitment on a previous lease or the underutilization of an ACDBE on a previous lease, BDDD shall regard as non(PRE-responsive any proposal or competitive selection process proposal received. 9. In the case of a joint venture with more than one ACDBE partner, if one ACDBE partner is non-compliant the entire joint venture is deemed non- compliant. A. GENERAL REQUIREMENTS 1. It is the policy of the Dallas/Fort Worth International Airport Board of Directors (“Airport Board”) to support the growth and development of Minority/Women Business Enterprises (“CONSTRUCTION OR DESIGN)‌ The M/WBE”) that can successfully compete WBE goal for Airport prime contracting and subcontracting opportunitiesSolicitation/Contract # is %.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Design Builder

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Compliance and Enforcement. 1. These compliance Compliance and enforcement provisions Enforcement Provisions address the additional contractual remedies available to Board as a result of ConcessionaireContractor’s failure, if any, failure to comply with the obligations set forth in the ACDBE M/WBE Program requirements. The contractual remedies set forth in the ACDBE M/WBE Program are also applicable to any the Contractor’s failure to comply with the Program requirements, as well as any remedies available at law or in equity. These remedies are not intended to apply to any Contractor’s failure by Concessionaire to comply with other obligations under this Agreement the Contract unrelated to the Program requirements or preclude Board’s recovery of its actual damages for such unrelated breaches. 2. The Concessionaire and its ACDBE business partners must attend and participate in onboarding, progress, or non-compliance meetings and site visits upon request. The Concessionaire Contractor must forward all necessary documents and information during the course of performance under this Agreement Contract and to close out the agreement Contract and must cooperate with BDDD in providing any information, including the final accounting for ACDBE M/WBE participation on this Agreementthe Contract. 3. BDDD is empowered to receive and investigate complaints and allegations by ACDBEsM/WBEs, third parties or Board Staff, or to initiate its own investigations, regarding ConcessionaireContractor’s compliance with the ACDBE Program requirements. If BDDD determines that an investigation is warranted, Concessionaire the Contractor must fully cooperate with the investigation and provide complete, truthful information to the Board concerning the investigation and ConcessionaireContractor’s compliance with the ACDBE Program requirements. 4. The failure of Concessionaire the Contractor to meet the ACDBE M/WBE contractual commitment or comply with any other aspect of the ACDBE Program requirements may will constitute a material breach of this Agreement, the Contract entitling the Board to exercise any remedy available in this agreement/contractContract, the Program requirements or applicable law. 5. The Board may report any suspected false, fraudulent or dishonest conduct relating to the ConcessionaireContractor’s performance of the Program requirements to the Board’s Department of Audit Services or to any applicable enforcement agency, including the State Attorney General's Office and appropriate federal law enforcement authorities. 6. If Concessionaire/contractor Contractor is in breach of any of the Program requirements/ACDBE contract provisions, including non-payment of a contractor/subcontractor, the Board may exercise any of following remedies, in addition to any other remedies available to it under this agreement/contract Contract or at law or in equity: (a) a. withholding funds payable under this agreement/contractContract, including, but not limited to, funds payable for work self- self-performed by the Concessionaire/contractor Contractor or applicable retainage; (b) b. temporarily suspending, at no cost to DFW, Concessionaire Contractor’s performance under the LeaseAgreement/Contract; (c) c. termination of this Leasethe Agreement/Contract; (d) d. suspension/debarment, in accordance with applicable law, of Concessionaire/contractor Contractor for a period of time from participating in any solicitations issued by DFW for severity of breach of contract; andContract. 7. With respect to ACDBE M/WBE firms, a finding of non-compliance could result in a denial of certification or removal of eligibility and/or suspension and debarment. 8. With respect EXHIBIT 9: COMMITMENT TO MINORITY/WOMEN BUSINESS ENTERPRISE PARTICIPATION FORM6 The M/WBE goal for Solicitation/Contract No. 8500323 is 20%. NOTE: BDDD will only credit M/WBE participation by a firm that is certified by an approved certification entity at the time of bid/proposal submission. Effective 10/1/12, in addition to having a valid certification, M/WBEs must also have a place of business in the Airport’s market area7 at the time of bid/proposal submission for credit towards meeting a contract goal. The undersigned Contractor has satisfied the requirements of the bid/proposal specifications in the following manner (Please check () the appropriate space): The Contractor is committed to a firm not meeting their commitment on a previous lease or the underutilization minimum of an ACDBE on a previous lease, BDDD shall regard as non-responsive any proposal or competitive selection process proposal received. 9. In the case of a joint venture with more than one ACDBE partner, if one ACDBE partner is non-compliant the entire joint venture is deemed non- compliant. A. GENERAL REQUIREMENTS 1. It is the policy of the Dallas/Fort Worth International Airport Board of Directors (“Airport Board”) to support the growth and development of Minority/Women Business Enterprises (“% M/WBE”) that can successfully compete for Airport prime contracting WBE utilization on this contract. The Contractor is unable to meet the M/WBE goal of % and subcontracting opportunitiesis committed to a minimum of The Contractor is unable to meet the M/WBE goal of % and submits documentation demonstrating good faith efforts. Name of Prime Contractor: Signature Title Printed Name Date 6 Note: This Exhibit will be updated with the executed form submitted by the successful Proponent.

Appears in 1 contract

Samples: Planning Services Agreement

Compliance and Enforcement. 1. These compliance and enforcement provisions address the additional contractual remedies available to Board as a result of ConcessionaireManager’s failure, if any, to comply with the obligations set forth in the ACDBE and DBE Program requirements. The contractual remedies set forth in the ACDBE Program and DBE Programs are also applicable to any failure to comply with the Program requirements, as well as any remedies available at law or in equity. These remedies are not intended to apply to any failure by Concessionaire Manager to comply with other obligations under this Agreement unrelated to the Program requirements or preclude Board’s recovery of its actual damages for such unrelated breaches. 2. The Concessionaire and its ACDBE business partners must attend and participate in onboarding, progress, or non-compliance meetings and site visits upon request. The Concessionaire Manager must forward all necessary documents and information during the course of performance under this Agreement and to close out the agreement and must cooperate with BDDD in providing any information, including the final accounting for ACDBE and DBE participation on this Agreement. 3. BDDD is empowered to receive act as a dispute mediator and investigate complaints and allegations by ACDBEsACDBEs and/or DBEs, third parties or Board Staff, or to initiate its own investigationsinquiries, regarding ConcessionaireManager’s compliance with the ACDBE Program requirements. If BDDD determines that an investigation is warranted, Concessionaire Manager must fully cooperate with the investigation and provide complete, truthful information to the Board concerning the investigation and ConcessionaireManager’s compliance with the ACDBE Program requirements. 4. The failure of Concessionaire Manager to meet the ACDBE and DBE contractual commitment commitments or comply with any other aspect of the ACDBE Program requirements may constitute a material breach of this AgreementLease, entitling the Board to exercise any remedy available in this agreement/contract, the Program requirements or applicable law. 5. The Board may report any suspected false, fraudulent or dishonest conduct relating to the ConcessionaireManager’s performance of the Program requirements to the Board’s Department of Audit Services or to any applicable enforcement agency, including the State Attorney General's Office and appropriate federal law enforcement authorities. 6. If Concessionaire/contractor Manager is in breach of any of the Program requirements/ACDBE contract provisions, including non-payment of a contractor/subcontractor, the Board may exercise any of following remedies, in addition to any other remedies available to it under this agreement/contract or at law or in equity: (a) withholding funds payable under termination of this agreement/contract, including, but not limited to, funds payable for work self- performed by the Concessionaire/contractor or applicable retainageAgreement; (b) temporarily suspending, at no cost to DFW, Concessionaire performance under the Lease; (c) termination of this Lease; (d) suspension/debarment, in accordance with applicable law, of Concessionaire/contractor Manager from participating in any solicitations issued by DFW for severity of breach of contract; and 7. and With respect to ACDBE and DBE firms, a finding of non-compliance could result in a denial of certification or removal of eligibility and/or suspension and debarment. 8. With respect to a firm not meeting their commitment on a previous lease or the underutilization This Addendum is made and entered into this _ day of an ACDBE on a previous lease_, BDDD shall regard as non-responsive any proposal or competitive selection process proposal received. 9. In the case of a joint venture with more than one ACDBE partner2013, if one ACDBE partner is non-compliant the entire joint venture is deemed non- compliant. A. GENERAL REQUIREMENTS 1. It is the policy of the Dallasby and between DALLAS/Fort Worth International Airport Board of Directors FORT WORTH INTERNATIONAL AIRPORT PUBLIC FACILITY IMPROVEMENT CORPORATION (“Airport BoardPFIC”) to support the growth and development of Minority/Women Business Enterprises AWARDED PROPOSER (“M/WBEManager) that can successfully compete for Airport prime contracting and subcontracting opportunities).

Appears in 1 contract

Samples: Lounge Management Agreement

Compliance and Enforcement. 1. These compliance and enforcement provisions address the additional contractual remedies available to Board as a result of Concessionaire’s failure, if any, to comply with the obligations set forth in the ACDBE and DBE Program requirements. The contractual remedies set forth in the ACDBE Program and DBE Programs are also applicable to any failure to comply with the Program requirements, as well as any remedies available at law or in equityinequity. These remedies are not intended to apply to any failure by Concessionaire to comply with other obligations under this Agreement Lease unrelated to the Program requirements or preclude Board’s recovery of its actual damages for such unrelated breaches. 2. The Concessionaire and its ACDBE business partners must attend and participate in onboarding, progress, or non-compliance meetings and site visits upon request. The Concessionaire must forward all necessary documents and information during the course of performance under this Agreement Lease and to close out the agreement and must cooperate with BDDD in providing any information, including the final accounting for ACDBE and DBE participation on this AgreementLease. 3. BDDD is empowered to receive and investigate complaints and allegations by ACDBEsACDBEs and/or DBEs, third parties or Board Staff, or to initiate its own investigations, regarding Concessionaire’s compliance with the ACDBE Program requirements. If BDDD determines that an investigation is warranted, Concessionaire must fully cooperate with the investigation and provide complete, truthful information to the Board concerning the investigation and Concessionaire’s compliance with the ACDBE Program requirements. 4. The failure of Concessionaire to meet the ACDBE and DBE contractual commitment commitments or comply with any other aspect of the ACDBE Program requirements may constitute a material breach of this AgreementLease, entitling the Board to exercise any remedy available in this agreement/contract, the Program requirements or applicable law. 5. The Board may report any suspected false, fraudulent or dishonest conduct relating to the Concessionaire/contractor’s performance of the Program requirements to the Board’s Department of Audit Services or to any applicable enforcement agency, including the State Attorney General's Office and appropriate federal law enforcement authorities. 6. If Concessionaire/contractor is in breach of any of the Program requirements/ACDBE contract provisions, including non-payment of a contractor/subcontractor, the Board may exercise any of following remedies, in addition to any other remedies available to it under this agreement/contract or at law or in equity: (a) a. withholding funds payable under this agreement/contract, including, but not limited to, funds payable for work self- self-performed by the Concessionaire/contractor or applicable retainage; (b) b. temporarily suspending, at no cost to DFW, Concessionaire performance under the Lease; (c) c. termination of this Lease; (d) d. suspension/debarment, in accordance with applicable law, of Concessionaire/contractor from participating in any solicitations issued by DFW for severity of breach of contract; and 7. With respect to ACDBE and DBE firms, a finding of non-compliance could result in a denial of certification or removal of eligibility and/or suspension and debarment. 8. With respect Board Approval Date Design Notice to a firm Proceed – 7 days from Board Approval Design Kick-off Date – not meeting their commitment on a previous lease or the underutilization of an ACDBE on a previous lease, BDDD shall regard as non-responsive any proposal or competitive selection process proposal received. 9. In the case of a joint venture with more than one ACDBE partner, if one ACDBE partner is non-compliant the entire joint venture is deemed non- compliant. A. GENERAL REQUIREMENTS 1. It is the policy of the Dallas/Fort Worth International Airport to exceed 60 days from Board of Directors (“Airport Board”) Approval Design Completion Date – not to support the growth and development of Minority/Women Business Enterprises (“M/WBE”) that can successfully compete for Airport prime contracting and subcontracting opportunities.exceed 151 days from Board Approval Construction Permit issuance – not to exceed 193 days from Board Approval Construction Duration Rent Commencement Date

Appears in 1 contract

Samples: Concessions Lease

Compliance and Enforcement. 1. These compliance and enforcement provisions address the additional contractual remedies available to Board as a result of Concessionaire’s failure, if any, to comply with the obligations set forth in the ACDBE SBEC Program requirements. The contractual remedies set forth in the ACDBE SBEC Program are also applicable to any failure to comply with the Program requirements, as well as any remedies available at law or in equity. These remedies are not intended to apply to any failure by Concessionaire to comply with other obligations under this Agreement unrelated to the Program requirements or preclude Board’s recovery of its actual damages for such unrelated breaches. 2. The Concessionaire and its ACDBE SBEC business partners must attend and participate in onboarding, progress, or non-compliance meetings and site visits upon request. The Concessionaire must forward all necessary documents and information during the course of performance under this Agreement and to close out the agreement and must cooperate with BDDD in providing any information, including the final accounting for ACDBE SBEC participation on this Agreement. 3. BDDD is empowered to receive and investigate complaints and allegations by ACDBEsSBECs, third parties or Board Staff, or to initiate its own investigations, regarding Concessionaire’s compliance with the ACDBE SBEC Program requirements. If BDDD determines that an investigation is warranted, Concessionaire must fully cooperate with the investigation and provide complete, truthful information to the Board concerning the investigation and Concessionaire’s compliance with the ACDBE SBEC Program requirements. 4. The failure of Concessionaire to meet the ACDBE contractual SBEC Lease commitment or comply with any other aspect of the ACDBE SBEC Program requirements may constitute a material breach of this Agreement, entitling the Board to exercise any remedy available in this agreement/contractLease, the Program requirements or applicable law. 5. The Board may report any suspected false, fraudulent or dishonest conduct relating to the Concessionaire’s performance of the Program requirements to the Board’s Department of Audit Services or to any applicable enforcement agency, including the State Attorney General's Office and appropriate federal law enforcement authorities. 6. If SBEC Concessionaire/contractor Lessor is in breach of any of the Program requirements/ACDBE contract SBEC Lease provisions, including non-payment of a contractor/subcontractor, the Board may exercise any of following remedies, in addition to any other remedies available to it under this agreement/contract Lease or at law or in equity: (a) withholding funds payable under this agreement/contractLease, including, but not limited to, funds payable for work self- self-performed by the Concessionaire/contractor Lessor or applicable retainage; (b) temporarily suspending, at no cost to DFW, Concessionaire performance under the Lease; (c) termination of this Lease; (d) suspension/debarment, in accordance with applicable law, of Concessionaire/contractor Lessor from participating in any solicitations issued by DFW for severity of breach of contractLease; and 7. With respect to ACDBE SBEC firms, a finding of non-compliance could result in a denial of certification or removal of eligibility and/or suspension and debarment. 8. With respect to a firm not meeting their commitment on a previous lease or the underutilization of an ACDBE SBEC on a previous lease, BDDD shall regard as non-responsive any proposal or competitive selection process proposal received. 9. In the case of a joint venture with more than one ACDBE SBEC partner, if one ACDBE SBEC partner is non-compliant the entire joint venture is deemed non- compliant. A. GENERAL REQUIREMENTS 1. It is the policy of the Dallas/Fort Worth International Airport Board of Directors (“Airport Board”) to support the growth and development of Minority/Women Business Enterprises (“M/WBE”) that can successfully compete for Airport prime contracting and subcontracting opportunities.

Appears in 1 contract

Samples: Concession Lease Agreement

Compliance and Enforcement. 1. These compliance and enforcement provisions address the additional contractual remedies available to Board as a result of Concessionaire’s failure, if any, to comply with the obligations set forth in the ACDBE Program requirements. The contractual remedies set forth in the ACDBE Program are also applicable to any failure to comply with the Program requirements, as well as any remedies available at law or in equity. These remedies are not intended to apply to any failure by Concessionaire to comply with other obligations under this Agreement unrelated to the Program requirements or preclude Board’s recovery of its actual damages for such unrelated breaches. 2. The Concessionaire and its ACDBE business partners must attend and participate in onboarding, progress, or non-compliance meetings and site visits upon request. The Concessionaire must forward all necessary documents and information during the course of performance under this Agreement and to close out the agreement and must cooperate with BDDD in providing any information, including the final accounting for ACDBE participation on this Agreement. 3. BDDD is empowered to receive and investigate complaints and allegations by ACDBEs, third parties or Board Staff, or to initiate its own investigations, regarding Concessionaire’s compliance with the ACDBE Program requirements. If BDDD determines that an investigation is warranted, Concessionaire must fully cooperate with the investigation and provide complete, truthful information to the Board concerning the investigation and Concessionaire’s compliance with the ACDBE Program requirements. 4. The failure of Concessionaire to meet the ACDBE contractual commitment or comply with any other aspect of the ACDBE Program requirements may constitute a material breach of this Agreement, entitling the Board to exercise any remedy available in this agreement/contract, the Program requirements or applicable law. 5. The Board may report any suspected false, fraudulent or dishonest conduct relating to the Concessionaire’s performance of the Program requirements to the Board’s Department of Audit Services or to any applicable enforcement agency, including the State Attorney General's Office and appropriate federal law enforcement authorities. 6. If Concessionaire/contractor Concessionaire is in breach of any of the ACDBE Program requirements/ACDBE contract provisions, including non-payment of a contractor/subcontractor, the Board may exercise any of following remedies, in addition to any other remedies available to it under this agreement/contract or at law or in equity: (a) withholding funds payable under this agreement/contract, including, but not limited to, funds payable for work self- self-performed by the Concessionaire/contractor Concessionaire or applicable retainage; (b) temporarily suspending, at no cost to DFWthe Airport Board, Concessionaire performance under the LeaseAgreement; (c) termination of this LeaseAgreement; (d) suspension/debarment, in accordance with applicable law, of Concessionaire/contractor Concessionaire from participating in any solicitations issued by DFW the Airport Board for severity of breach of contract; and 7. With respect to a concessionaire not meeting its ACDBE commitment on a previous agreement or the underutilization of an ACDBE on a previous agreement, BDDD shall regard as non-responsive any proposal or competitive selection process proposal received that includes the Concessionaire. 8. With respect to ACDBE firms, a finding of non-compliance could result in a denial of certification or removal of eligibility and/or suspension and debarment. 8. With respect An M/WBE participation commitment has been established for this Agreement, as noted in Article One (1) of this Agreement and stated in its Commitment to a firm not meeting their commitment on a previous lease or the underutilization of an ACDBE on a previous lease, BDDD shall regard as non-responsive any proposal or competitive selection process proposal received. 9. In the case of a joint venture with more than one ACDBE partner, if one ACDBE partner is non-compliant the entire joint venture is deemed non- compliant. A. GENERAL REQUIREMENTS 1. It is the policy of the Dallas/Fort Worth International Airport Board of Directors (“Airport Board”) to support the growth and development of Minority/Women Business Enterprises Enterprise (M/WBE) that can successfully compete Participation form. The M/WBE participation commitment is a percentage of the total dollar value associated with the design and construction of tenant finish outs/improvements, including any change orders and/or modifications. Such participation is a contractual commitment upon execution of this Agreement. Concessionaires are directed to review the attached M/WBE Special Contract Provisions and the related forms below for Airport prime contracting and subcontracting opportunitiescompliance requirements. Pre-Award: Concessionaire must submit completed M/WBE utilization forms as required by BDDD.

Appears in 1 contract

Samples: Concessions Lease

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